Navigating through Beverly Hills as a pedestrian presents its own unique challenges. As cars whiz by on the city's bustling streets, pedestrians often risk becoming involved in accidents. Unfortunately, despite the legal protections in place, pedestrians often bear the brunt of such incidents. This can lead to severe injuries and mounting medical bills.
This is where Hurwitz Law Group steps in. As experienced Beverly Hills Pedestrian Accident Lawyers, our firm understands the complications that arise from pedestrian accidents. We represent pedestrian accident victims. Our experienced pedestrian accident attorney is here to help you. With a knowledgeable pedestrian accident lawyer in your corner, you know your rights are protected.
Learn more about what you should do after an accident below. Then, contact our pedestrian accident attorneys for the best legal representation.
Navigating the consequences of a pedestrian accident can be challenging. At Hurwitz Law Group, we are here to support and guide you through each stage of the legal process. We use our knowledge of pedestrian accident law to fight for your rights.
Legal Advice and Guidance Throughout the Claims Process: Our team offers easy-to-understand advice tailored to your unique situation. Our team will explain your rights. We will guide you through each step of the claim process. Our goal is to ensure you understand the possible outcomes. That way, you can make informed decisions. This is a crucial part of personal injury claims.
Investigation and Evidence Collection To Support the Case: Our legal team thoroughly investigates your accident. We gather critical evidence. This includes traffic camera footage, police reports, and witness statements. These can help to prove the other party's negligence and build a robust case on your behalf.
Negotiating With Insurance Companies for Fair Compensation: Insurance companies often try to settle claims against them for as little money as possible. We use our experience and understanding of the law to negotiate with insurance companies effectively. We ensure you get a fair settlement that fully covers your medical bills, lost wages, and other losses.
Representation in Court if the Case Goes to Trial: Our lawyers are ready to move your case to court if the insurance company does not offer a fair settlement. We present a compelling case on your behalf, fighting for your right to the compensation you deserve.
Do you need help with your personal injury claim? Let us review your pedestrian accident case.
Despite its glamour and charm, Beverly Hills sees a fair number of pedestrian accidents every year. These incidents contribute to California's high rate of pedestrian fatalities and injuries. The vast majority of these accidents take place due to driver negligence. This includes distracted driving or failure to yield to pedestrians.
If you are an injured pedestrian, give us a call.
Pedestrian laws in Beverly Hills are designed to protect pedestrians and minimize accidents. For example, California Vehicle Code 21950 mandates that drivers must yield the right of way to pedestrians in marked crosswalks and at corners without marked crosswalks. This rule aims to regulate pedestrian and vehicular traffic, ensuring that both can share the road safely.
However, pedestrian laws also place responsibilities on the pedestrians themselves. These laws require pedestrians to obey traffic signals. Pedestrians must also use designated sidewalks or paths. Pedestrians need to cross streets at marked crosswalks or intersections whenever possible. By understanding and following these laws, pedestrians can reduce their risk of becoming involved in an accident.
Pedestrian accidents in Beverly Hills often result from a variety of factors. Most of these factors involve some form of driver negligence or error. Here, we delve into the most common causes, providing an understanding of what leads to these tragic accidents.
Distracted driving remains one of the leading causes of pedestrian accidents. When drivers are distracted—whether by their cell phone, GPS, food, or other passengers—they are not entirely focused on the road. This lack of attention can lead to drivers failing to see pedestrians until it's too late to avoid a collision.
Speeding is a significant contributing factor to pedestrian accidents. If drivers exceed the speed limit, they reduce the time they have to react to unexpected changes on the road. This includes a pedestrian crossing the street. Accidents that take place at high speeds may result in more severe injuries.
Drunk driving significantly impairs a driver's ability to operate a vehicle safely. Alcohol can slow reaction times, blur vision, and impair judgment. This increases the likelihood of a driver striking a pedestrian. Despite strict laws against drunk driving, it remains a common cause of pedestrian accidents.
California law requires drivers to give the right of way to pedestrians in crosswalks. However, some drivers fail to do so, often because they are in a hurry or simply not paying attention. This failure to yield is a common cause of pedestrian accidents in Beverly Hills.
In some cases, pedestrian accidents can be attributed to poorly designed or maintained infrastructure. This can include poorly lit streets, lack of crosswalks, and sidewalks in disrepair. When pedestrians have to navigate such conditions, they are at an increased risk of collisions.
Pedestrian accidents often result in severe, sometimes life-threatening injuries. The human body is simply no match for the weight and speed of a vehicle. Common injuries in pedestrian accidents include:
No matter the type of injury, seeking immediate medical attention after a pedestrian accident is crucial. Doing so not only ensures your health but can also help to take note of the extent of your injuries, which can be essential when filing a claim.
The moments following a pedestrian collision can be overwhelming. However, taking the following steps can protect your health and preserve your legal rights:
Determining who is at fault in a pedestrian collision is critical to recovering compensation. In Beverly Hills, this typically involves:
Investigating the accident: An investigation will involve collecting evidence from the scene, speaking with witnesses, and reviewing traffic and surveillance cameras if available.
Analyzing the police report: Law enforcement will create a report after responding to the accident. This report often contains their preliminary assessment of fault, which can support your claim.
Reviewing California pedestrian laws: Understanding the relevant laws can help determine who had the right of way and who may have violated traffic laws, contributing to the accident.
Consulting with experts: There are situations where traffic accident reconstruction experts. These experts can recreate the accident, which can help to clearly illustrate how the accident happened and who is at fault.
After a pedestrian accident, taking the proper initial steps can help ensure your well-being and strengthen your potential claim:
Seeking Medical Attention: Seek immediate medical attention following the accident. This can help identify and treat any injuries. This can also create a track record of your injuries for your claim.
Contacting Law Enforcement and Filing a Report: Notify the police about the accident. A police report is the primary accident record. It may include an assessment of who was at fault.
Gathering Evidence at the Accident Scene: If possible, collect evidence at the scene. This can include photos of the scene, your injuries, and any damage to vehicles.
Collecting Contact Information From Witnesses: Witness testimonies can help establish the facts of the accident. Get the contact information of anyone at the scene if you can.
In California, you usually have two years from the time of the collision to file a personal injury lawsuit. This deadline, known as the statute of limitations, is crucial to keep in mind. If you don't file your claim or lawsuit within this time frame, you may forfeit the opportunity to seek compensation.
After a pedestrian accident, you may be eligible to recover compensation for various damages. These damages can include:
Medical expenses frequently make up a pedestrian accident claim. These costs include hospital bills, surgery, medication, physical therapy, and any future medical fees related to your injuries.
If your injuries prevent you from returning to work, you can pursue compensation for your lost wages. This can also include any loss of your ability to earn a living in the future.
Pedestrian accidents can result in significant physical pain and emotional suffering. While these damages are not as straightforward to quantify as medical bills or lost wages, they are often a substantial component of a pedestrian accident claim.
Recovery from a pedestrian accident often requires rehabilitation, such as physical therapy. These costs can add up over time, but they can be included in your claim for compensation.
If you've been injured in a pedestrian accident in Beverly Hills, the experienced team at Hurwitz Law Group is here to help. We are dedicated to guiding you through the process, fighting for your rights every step of the way.
Don't navigate this challenging time alone. Contact our Beverly Hills pedestrian accident lawyers today to schedule an initial consultation. Let us focus on the legal aspects of your case so you can focus on recovery. It's time to take the first step toward getting your deserved compensation.
Beverly Hills Bicycle Accident Lawyer
Motorists share roadways with bicyclists throughout Beverly Hills CA and the entirety of Los Angeles, but it’s very unfortunate that many bike accidents occur due to the overall negligence/recklessness of drivers. When negligent motor vehicles collide with bicyclists, it’s typically the bicycle riders that sustain the more serious injuries and property damage.
The good news is that bicyclists can have a Beverly Hills bicycle accident lawyer like Brian Hurwitz in their phone contacts to call immediately after a bicycle accident, and having direct access to experienced personal injury attorneys will help you to successfully negotiate your claim with insurance companies and obtain the rightful compensation to reimburse you for your injuries and subsequent damages.
So if you or a loved one was injured in a bicycle accident, then you should contact us online and speak directly with an experienced bicycle accident attorney today.
Any bicyclist will find it difficult to obtain their full and rightful compensation for their bicycle accident injuries without legal representation through an experienced accident attorney. Although bicycle accidents are certainly common, most cyclists don’t fully understand the intricate details of these legal processes. This puts you in a really bad position for insurance companies to take advantage of you, which they’ll shy away from when they know they’re speaking to a bicycle accident attorney.
Some of the benefits of hiring a bicycle accident lawyer include the following:
· Obtaining Legal Advice And A Thorough Case Evaluation: Having an experienced bicycle accident attorney speak on your behalf to insurance adjusters will completely flip the script on how those settlement negotiations will pan out. Your personal injury attorney will always have your best interests in mind, and will better ensure that your case isn’t resolved until you’ve obtained compensation for all of your damages.
· Handling Your Case Alone Is Ill-Advised: There are countless cyclists throughout Beverly Hills CA and Los Angeles that assume they know enough about California’s bicycle laws, but then they get way too confused in critical moments about the specifics of these intricate laws. However, when you put your bicycle accident injuries and damages in the trust of your attorney-client relationship, you can be more rest assured that your rights aren’t being jeopardized by an insurance company.
· Getting Your Proper Medical Attention And Formulating Your Case: Your personal injury attorney will have many connections throughout a whole variety of industries, which can go a long way in ensuring a speedy recovery from your injuries. Your attorney will also work directly with specialists to provide your claim with the evidence that it needs to prove how the at-fault party’s negligence caused the accident and your subsequent damages. If your claim needs to go to court, then you’ll need an experienced trial lawyer that has a track record of obtaining high settlement amounts.
The vast majority of bicycle accidents in Beverly Hills CA will entail a collision between a motor vehicle and a bicycle, and these accidents will many times result in people suffering from rather serious injuries.
Some of the common causes of bicycle accidents throughout all of Los Angeles include the following:
There are many bike lanes throughout Beverly Hills, and it’s unfortunate how countless motorists will simply forget about bikes in these lanes when they’re turning at an intersection. Because most vehicles won’t even see bicycle riders in these scenarios, they’ll end up colliding with the cyclist with enough force to cause injuries.
It’s important to note that the motorist is likely to be at fault in this scenario, but this depends upon whether or not the cyclist was abiding by the rules of the roadway.
“Left cross” bicycle accidents happen when a motorist and a bicyclist approach each other at an intersection in different directions, and then the motor vehicle driver turns into the cyclist that may be waiting in the middle of the intersection.
This type of accident scenario will typically occur when cars simply don’t see a bicycle rider, or misjudge how quickly they will leave the intersection.
A lot of bicycle accidents occur at an intersection in which a cyclist doesn’t have a stop sign and a motorist does. What typically would happen is that the bicycle rider would be free to move through the intersection, but if the motorist fails to stop it can lead to a collision that’s very difficult to avoid.
In this bike accident situation, the cyclist would have the right of way and the motorist would be considered at fault.
There are many scenarios in which people will park their car and then open their car door without looking, and this can be particularly problematic when they park one of the many streets in Los Angeles that have a bike lane. When a bike accident occurs due to a driver opening their car door in front of an oncoming cyclist, it’s the driver’s fault.
Even the slightest force from behind a bicycle can cause them to completely lose control, and this can subsequently lead to serious injuries and a whole array of damages. Although this type of bicycle accident occurs throughout all hours of the day, it’s more likely to occur at night.
Brian Hurwitz is a personal injury attorney that’s known for helping accident victims obtain large settlement amounts from insurance companies and at-fault individuals/entities. Some of the most common damages and types of compensation that we can help you obtain as your Beverly Hills bicycle accident lawyer include the following:
· Medical treatment
· Property damage
· Loss of quality of life
· Hospital stays
· Pain and suffering
· Loss of future earning capacity
· Past income loss from not working
· Emotional distress/Mental suffering
· Physical disability
· Home nursing services
· Wrongful death
Bicycle accidents occur throughout all of California, but Beverly Hills CA just so happens to be home to thousands of avid cyclists and irritable drivers. Some of the most common injuries involved in bike accidents in Beverly Hills and Los Angeles include the following:
· Head/Brain injuries
· Spinal cord injuries
· Face, skull and neck fractures
· Paralysis
· Thoracic injuries
· Road rash
· Disfigurement/Scarring
· Amputations
· And wrongful death
Here’s a brief list of what you should do after you’ve been involved in a bike accident:
· Wait for the police’s arrival to the accident scene
· DON’T begin negotiating with the motorist
· Obtain the driver’s information
· Get witness contact information
· Document what occurred and the scene of the accident
· Ensure that the police file a report
· Get immediate medical care and obtain official documentation of your injuries
· Keep track of your evidence and store it safely
· Don’t speak to insurance companies before hiring a lawyer
· Seek legal advice from an experienced bicycle accident lawyer
The Hurwitz Law Group has supported countless accident victims from Los Angeles, and we’re located right in the heart of the city in Beverly Hills 90211.
Contact us online or call us at (323) 310-9677 to get in touch with an experienced Beverly Hills accident lawyer and obtain a thorough case evaluation today.
Beverly Hills Wrongful Death Lawyer
If you’ve lost a loved one in an accident scenario that was ultimately caused by another individual’s reckless actions or negligence, then there’s absolutely no doubt about it that you’ll be entitled to recover financial compensation through filing a wrongful death lawsuit.
However, it’s important for grieving families to understand that wrongful death law is a very complicated practice area, even for the most experienced personal injury attorneys. But when you team up with a top-notch Beverly Hills wrongful death lawyer like Brian Hurwitz, you’ll put your wrongful death case in a much better position for success.
The Hurwitz Law Group has supported countless accident victims and their families through personal injury claims, and this includes many unfortunate death claim scenarios. We fully understand how difficult these proceedings are on family members, but you can rest assured that we’ll do everything within the legal parameters of your unique case to help you obtain the full and rightful compensation that your loved one’s wrongful death constitutes.
So always feel free to reach out to us online or call us at (323) 310-9677 for a free case evaluation.
Finding the right accidental death attorney for your family’s wrongful death claim is always a critical part of this civil law procedure, and what’s unfortunate is that this type of claims process is all too common throughout California, Los Angeles and Beverly Hills CA.
This is why some of the top wrongful death attorneys are based right here in the heart of Southern California, and the following are some key things to be on the lookout for when you’re in the process of choosing a wrongful death law firm:
If you’re looking for a Beverly Hills wrongful death lawyer that you can fully trust, reach out to the Hurwitz Law Group to schedule your free initial consultation.
It’s undoubtedly important for family members of a deceased loved one to understand that not every death will justify a wrongful death claim. There are specific legal elements that must be legitimately present within the unique situation to bring a wrongful death suit to insurance companies and California civil court.
The following three wrongful death law elements must be present in order to introduce a wrongful death claim to a lawyer and pursue compensation in California:
The first legal element is the simple fact that wrongful death only applies to people, so you can’t pursue this type of legal action in the case of wrongful death of a pet or any other non-human being.
Causation is the next most important legal element pertaining to wrongful death scenarios because it will be absolutely crucial to proving that another individual’s malicious intent or negligent action ultimately leads to the death of your loved one.
Some common examples would be motor vehicle accidents, defective products, medical malpractice, nursing home wrongful death, toxic chemical exposure, and slip/fall accidents. There are of course more malicious causes of an individual’s wrongful death, but that’s where the fine line between civil and criminal law will come into play.
It’s important to distinguish that only certain people can bring about a wrongful death claim, including a decedent’s spouse/domestic partner, their children or their grandchildren.
If any of these above parties have experienced any kind of financial losses due to the individual’s death, and the above two elements are also met, then you’ll be able to justifiably hire a lawyer and file a wrongful death claim.
The statute of limitations associated with wrongful death cases in California is like most personal injury claims, which means that plaintiffs will have two years from the time of bereavement to file a wrongful death lawsuit.
A wrongful death claim can provide financial compensation to a decedent’s loved ones in order to cover a whole variety of different tangible costs, as well as emotional needs. Every personal injury case is unique in terms of how much it’s actually worth, and this is exactly why you’ll need an experienced Beverly Hills wrongful death lawyer to help you calculate your overall damages.
There are two broad categories associated with wrongful death lawsuit value, including economic damages (medical bills, lost wages, funeral expenses) and non-economic damages (pain and suffering, loss of companionship, loss of quality of life).
An accidental death lawyer will take the following considerations into account when trying to estimate the value of damages associated with a wrongful death case:
Your team of death lawyers will meticulously calculate all of the above factors and much more to develop the overall worth of your wrongful death lawsuit, and settlements will typically range from $500,000 to over $1 million.
According to California’s Code of Civil Procedure, only surviving spouses/domestic partners and a decedent’s children can file a wrongful death lawsuit.
If the decedent doesn’t have a surviving spouse/domestic partner, or children, then the following parties may be capable of filing a claim:
It’s also important to note that California law only allows for one lawsuit per wrongful death, so a surviving stepchild and surviving spouse will not be able to file separate claims.
Proving liability within a wrongful death case is many times a lot easier said than done, even when it may seem obvious who caused an individual’s death. This is why it’s crucial to team up with the top wrongful death attorneys in Los Angeles who will help you prove an at-fault party’s liability by demonstrating the following:
Duty of care refers to a general obligation that everyone has to not take actions or make certain decisions that put other people at an unreasonable risk of injury or harm. Duty of care will always depend upon a case’s context, and how the parties precisely interacted with one another.
A common example of duty of care is the fact that all California drivers owe each other the common courtesy of not driving recklessly and putting each other at risk of experiencing a car accident. Beverly Hills business owners owe a duty of care to their customers by providing a premise that’s free of certain hazardous conditions, and so on.
An individual or entity will ultimately breach their duty of care when they engage in an action or make a decision that ends up putting another individual in harm’s way. A common example of this would be a motorist speeding or driving recklessly.
This is an incredibly important element to any wrongful death lawsuit, and your attorney will help you intangibly demonstrating how exactly an at-fault party’s breach of their duty of care ended up causing your loved one’s death.
When an individual’s breach of duty of care ends up causing any harm to an accident victim, including wrongful death, that individual will be legally liable for the damages associated with the incident.
All three elements are crucial when understanding what qualifies as wrongful death, and there truly are countless accident scenarios that can result in a valid initiation of legal action.
The Hurwitz Law Group has supported countless personal injury cases throughout Beverly Hills and the entirety of California, and we’ll be there for anyone that qualifies for a wrongful death claim through every step of these complicated civil law proceedings. There’s no doubt about it that the wrongful death claims process is incredibly complex, and our extensive legal expertise will put you and your family in the best position towards obtaining your rightful compensation.
We’ll be sure to take care of every aspect of your wrongful death case, including the following:
You deserve the best Beverly Hills wrongful death lawyer when you’ve lost a loved one due to someone else’s negligence, contact us today or call us at (323) 310-9677 for a free consultation.
We all think of dogs as “man’s best friend” because they of course can be very friendly, loveable animals; and this notion of dog-friendliness is one of the main reasons why most people overlook the potential risks associated with dog bite injuries. There are certain scenarios in which dog bite injuries can be even more debilitating than car accidents, which is why it’s so crucial to know what to do when you’re a dog bite victim and when it’s time to reach out to a Beverly Hills Dog Bite Lawyer like the specialists at Hurwitz Law Group.
As experienced dog bite attorneys based in Beverly Hills, we fully understand how dog bite injuries can range drastically and how most dog owners and dog bite victims are generally unaware of the comprehensive scope of dog bite laws. Our legal team supports all types of dog bite injuries and cases, so you can rest assured that you or your loved one will ultimately obtain their full and rightful compensation for their dog bite injuries and property damage when our specialists represent your best legal interests.
Below is our comprehensive overview detailing everything that dog bite victims need to know when it comes to understanding this complicated niche of personal injury law and fully recovering from a dog attack.
California just so happens to be one of the most dangerous states for dog bite injuries in recent years, and there are around 4.5 million reported dog bite injuries within the United States each year, according to The Insurance Information Institute.
Just like any other type of injury, dog bite incidents require victims to take immediate steps towards treatment and improving their overall likelihood of obtaining their full and rightful compensation for their subsequent injuries.
The following is a list of steps that you should take when you or your child has become a dog bite victim in Beverly Hills or other parts of California:
California’s dog bite laws are based upon a strict liability basis, which essentially means that dog owners are liable for any injuries that their pets cause to others. There are some states that have more lenient laws if a dog hasn’t had any dog bite incidents in the past; however, in California, the dog owner is still accountable regardless of any previous attacks or aggressive behavior tendencies.
One of the only exceptions to this strict liability basis is when a dog bite victim actually provoked the dog in some way, and this is of course the defense of dog owners in many of these personal injury law scenarios.
The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public space or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.
In California, dog owners are strictly liable for a dog attack victim’s medical expenses. This means that you won’t necessarily have to fully prove that the dog owner acted out negligently to obtain your rightful medical bill compensation, but you will have to simply prove that the dog owner was responsible for the dog at the time of the incident.
But of course, dog bite injuries tend to go so much further than just medical bills, including lost income, permanent disfigurement, mental pain and suffering, and many other less tangible damages. When it comes to these types of damages, you and your dog bite lawyer will have to prove the following to recover compensation:
Resolving these personal injury situations with insurance companies can many times be a lot easier said than done, and if insurance claims aren’t adequate in terms of fully resolving the matter then you’ll need to file a personal injury claim within California civil court. This doesn’t necessarily mean that your claim will go to court, and our experienced dog bite lawyers will continue to negotiate with the at-fault party and their insurance companies to better ensure that you ultimately obtain the full amount of compensation to recover from your dog bite injuries and subsequent losses.
There are undoubtedly a wide variety of potential injuries that can result from a dog attack, and our Beverly Hills dog bite lawyers have listed some of the most common examples of dog bite injuries below:
The Hurwitz Law Group has helped many different accident victims obtain their financial compensation, and this includes dog/animal attack victims. You can obtain compensation for any of your sustained injuries within a dog bite incident, including any related injuries beyond the actual biting like being knocked to the ground.
Recovering your full and maximum compensation for all of your subsequent damages can play a major role in how you or your loved one gets back up on their feet again and regains their life.
Contact us online or call us at (323) 310-9677 to get in touch with our legal team and let us know how our experienced Beverly Hills dog bite lawyer in Brian Hurwitz can support you and your dog bite injury claims.
Being accused of domestic violence can have significant implications for your future and should be taken seriously. Fortunately, there are options to seek representation and reduce your chances of a domestic violence conviction.
You don't have to navigate the intricacies of the legal system by yourself if you've been accused of domestic abuse or related crimes. Instead, you can work with a Los Angeles domestic violence attorney who can aid you in understanding your legal rights and responsibilities.
An accusation isn't something to take lightly, and you must have legal professionals advocating for you. That can make addressing your case easier and also help you have more peace of mind and less stress as the case moves through the legal system.
Our criminal defense lawyers understand the significance of domestic violence charges and how these kinds of charges can disrupt your personal and professional life.
Working with a trusted Los Angeles domestic violence attorney gives you the help and support you need during a difficult time.
No matter the specific facts of your domestic violence case, you deserve a legal advocate to work with you and present your side to the judge or jury.
Securing a much lesser charge or having the charges dropped entirely is possible. The goal is to get you through your case with the best possible outcome, and your attorneys are committed to providing you with a quality defense.
Understanding California's domestic violence laws can help you better understand your case and what type of domestic violence charge you're facing. While it's your attorney's job to handle your case, it's still good to know your case's specifics and how California law applies to them.
That can make it simpler for you to work closely with your attorney for a good outcome for your situation.
The California Penal Code 273.5 addresses corporal injury to a spouse or cohabitant, such as a domestic partner.
Even a slight physical injury can be grounds for these charges, which is considered a felony. A first-offense criminal conviction under this part of the penal code can mean one year in the county jail or up to four years in state prison.
The California Penal Code 243(E)(1) is for domestic battery, which is a misdemeanor. Unlike the corporal injury code, this does not require any visible physical injury to be present. Punishment includes up to a year in county jail and a fine of up to $2,000.
With California Penal Code 273D, it is a crime to use corporal punishment on a child or to inflict injury on them. The only punishment excluded is reasonable spankings.
Any punishment that inflicts injury or is considered cruel is considered to be abuse. Up to one year in the county jail or three years in the state prison is possible if convicted of this crime.
The child endangerment code, which is California Penal Code 273(A), makes it a crime to allow a child in your care to have their safety or health put at risk if that risk is willful. You also cannot allow the child to willfully suffer harm.
This is usually a misdemeanor offense, but it is a "wobbler" if there is serious bodily injury, which means it could be charged as a felony. Misdemeanor convictions incur a sentence of up to six months in jail.
Threatening another person with serious harm is considered a criminal offense under California Penal Code 422. This can be charged as a misdemeanor or as a felony, hinging on the details of the case.
Misdemeanors can be punishable by up to one year in county jail, while felonies can include up to four years in prison. Felony convictions are part of the "Three Strikes" law.
The California Penal Code 273.6 deals with restraining orders and states that intentionally violating a restraining order is a misdemeanor. Convictions can come with a $1,000 fine and/or up to one year in the county jail.
Being subjected to a domestic violence protective order, more commonly called a restraining order, can be a serious concern.
It can be tough to avoid coming into contact with them, especially if children are involved between you and the accuser, or you need to see them for other reasons or are commonly in the same places and spaces.
With that in mind, you do not want to violate a protective order. That could create additional legal problems that you want to avoid, costing you money, time in jail, and a more difficult time making your case.
The ideal route you can take if you have a domestic violence protective order placed against you is to honor that order, even if you disagree with its merits.
That will help protect you and your case more easily because it will show that you follow and respect the law. Whether the order has any merit is not a consideration regarding whether you have to legally follow the order.
Your attorney can work toward having the order dropped, especially if there are extenuating circumstances or the other party was dishonest in the information that led to the order.
The most common domestic or spousal abuse victims in California and throughout most of the country are young women, typically between 18 and 24 years of age.
However, it does not imply that other people cannot be victims. Older women, as well as men, can be harmed by domestic violence, as well. Speaking up and speaking out for these victims is very important.
If you are facing domestic violence accusations, though, you should consider securing the assistance of a Los Angeles domestic violence attorney who has strong criminal law experience. That can provide you with the support you need to handle your case and address any wrongful accusations you are facing.
While there are many cases of domestic violence in California every year, and victims should be taken seriously, you are also entitled to uphold your legal rights in case you have been accused of or charged with this kind of crime.
The legal repercussions of domestic violence can be very severe. Subject to the specific details of your case, the judgment might be a fine and a short time in jail, or you could end up spending years of your life in prison.
Not only that, but these kinds of criminal charges and convictions often have far-reaching consequences.
You could potentially lose your job or business, for example, and may be unable to work in your chosen profession any longer.
You could end up with other legal battles that come along with the accusation, and being convicted could seriously impact the course of your life in the future.
You do not want to fight against criminal charges like this on your own. It is very crucial to work alongside trusted legal professionals who can help.
A strong defense against domestic violence charges is vital when you want to protect yourself. Whether you were wrongly accused, there was a misunderstanding, or any other circumstances have occurred, you have the right to defend yourself legally.
To do that, working with an attorney familiar with domestic violence cases for a free consultation to discuss your rights is always ideal. Not only can that help you with your overall defense, but it can increase your peace of mind during the legal process.
Building your defense and moving through the court process could take a while, so you want to contact an attorney right away if you are charged with a domestic violence crime, such as criminal threats or a restraining order violation. Providing your attorney more time to work on your defense will help make it stronger.
If you need help from a Los Angeles domestic violence attorney, get in touch with us at Hurwitz Law Group today. You can get a free consultation to address restraining order issues and other domestic violence charges.
We can help you build a quality defense to fight against accusations and charges of domestic violence in the Los Angeles area. Being wrongfully accused of a crime like this means it is time to examine your legal options.
You require an attorney who understands the serious nature of your case and can work with you to formulate a strategy for the best possible outcome.
Don't think twice about reaching out and working with us to get a free case evaluation, so you can get the information and legal support you need.
The right advocate for your needs can make the difference, and you want to consult with an attorney who has the type and level of experience you need to help you settle your case quickly.
You could be in an abusive relationship if you feel unsafe due to your partner's actions or words. Even if you are not living through any physical violence, abuse can also be mental, emotional, and financial.
You deserve to feel protected and secure in your relationship with your partner. If you do not experience those feelings or your partner has made any direct threats toward you, you could be at risk.
Domestic abuse can start at nearly any time. Many abusers wait until their victims are "locked in" with them, such as when they are engaged, married, or pregnant. However, this is not always the case.
If you are questioning whether something is abuse, the chances are high that you are at risk and your intuition is trying to warn you about your safety. You do not have to let someone abuse you for any reason. Help is available.
There are ways to check your phone and computer for tracking devices. You can also have your vehicle and belongings checked for tracking devices.
If you believe your abuser is tracking you through technology, contact the police or your attorney. You deserve to be safe and secure, including being safe from technological means of tracking you.
Make sure your attorney knows about any protective order that includes your children. You also need to inform your children's school or daycare so that your children are not picked up by anyone who should not be close to them.
If you leave your children anywhere or with anyone (such as with a babysitter), make sure that person knows who can and cannot interact with your children. You do not want to put your children at risk.
Suppose you have a friend or family member in an abusive relationship in California. In that case, you can be there for them, encourage them to work with domestic violence lawyers, and suggest they contact the domestic abuse hotline.
They may ask for your help, or they may be in denial of their particular situation. You can provide them with resources and a safe place to go. However, make sure you are protecting yourself, as well.
There can be risks in helping someone, even if you want to keep them safe. It is often better to direct them to resources that can remove them from harm's way so you stay safe, too.
Los Angeles Statutory Rape Lawyer
If you need help after an accusation of statutory rape, call Hurwitz Law Group. A conviction for statutory rape will lead to fines, imprisonment, and permanent registration as a sex offender. A public defender may not have the time or resources to provide an adequate defense against such serious charges, and the Hurwitz Law Group is here to help. Our team has extensive experience in all types of criminal defense cases in Los Angeles, so contact our firm today to schedule a consultation.
California laws state that minors under the age of 18 do not possess the ability to provide meaningful consent to sexual activities. “Statutory rape” describes sexual intimacy between a person over the age of 18 and another person under the age of 18. Since California does not recognize minors’ ability to consent to such activity, anyone found engaging in sexual conduct with a person under the age of 18 faces prosecution for statutory rape. The acts in question and the relative ages of the minor and the offender will determine the severity of the offender’s punishment.
Punishments for statutory rape vary based on the ages of the victims and the offenders. There are different criminal definitions for sexual encounters between minors under age 18 but older than 14 and incidents involving children under the age of 18. Chapter 1, Section 261.5 of the California Penal Code outlines the offenses that classify as “carnal abuse of children” and the penalties for such offenses:
It’s important to note that some states follow “Romeo and Juliet” laws protecting minor couples who engage in consensual sexual intercourse; California only follows this exemption for minor couples who are no more than three years apart in age and only provides reduction to misdemeanor charges. Although rare, it is possible for two consenting minors under the age of 18 to both face statutory rape charges for a consensual act.
Mistaking a minor’s age or the minor lying about his or her real age is very rarely an acceptable defense against a statutory rape charge in California. California is one of only a few states that recognize mistaken age as a viable defense, and it’s only allowed in very special circumstances where sufficient evidence exists to prove the defendant was misled or lied to about the minor’s age. If there is any question about an individual’s real age, it is the responsibility of the adult to secure proof of a potential sexual partner’s age with a driver’s license or other identifying document.
Los Angeles Sexual Assault Attorney
Sexual abuse is currently a discussion point. Recently, news about sexual abuse cases has been suddenly rising. More and more sexual assault victims are speaking up about their sexual assault experience.
A sexual assault claim can be detrimental to the falsely accused. Society throws stones at sexual assault predators like a witch in a trial. This is because sexual assault cases are serious criminal cases. Punishments for sex crimes are not taken lightly by the law.
Falsely accused individuals should not suffer from the judging eyes of society. Our law firm believes in our client’s rights, and we represent our client’s cases assertively. We stop at nothing until they receive the justice they deserve.
Contact our Los Angeles criminal defense law firm to schedule a free consultation with our Los Angeles sexual assault attorney.
It is no news that sexual harassment cases have been getting tougher to fight. Individuals who are accused of sexual violence will need to testify their innocence before the court.
A mistakenly identified person will need to seek the help of sexual abuse attorneys. An experienced sexual abuse attorney can make a difference in their case. They can help look for strong evidence that can help them.
Because of the sensitive nature of a sexual assault crime, the law places heavy punishments for proven offenders. Penal Code 261 provides the corresponding punishment for rape offenders.
Our Los Angeles sexual assault attorney has years of experience in successful client representation. We have been representing victims of wrongful convictions for many years now.
At Hurwitz Law Group, our legal team protects our client’s rights. Sexual crimes are sensitive cases. You will need the help of an experienced lawyer to expose the truth.
The state of California has established several laws surrounding sexual assaults. These laws provided the definition and punishments for a sexual assault crime in the state. California sexual assault crime is a broad term used to define unconsented sexual acts.
This definition extends from unwanted sexual touching to attempted rape and forcible sexual contact. Under California Penal Code 243.4, sexual assault crimes are defined as unwanted sexual contact. This means that the victim did not consent to the defendant to do sexual actions to their body.
Despite the broad definition of sexual assault, it all boils down to the lack of victim’s consent.
A sexual assault victim may experience more than one type of sexual assault crime. Depending on the sexual nature of the crime, a victim can charge the perpetrator for multiple sexual offenses. Indicated below are some of the different types of sexual assault as defined by the law:
Sexual assault victims experience serious emotional trauma after the assault. Most victims resent speaking up about their experience and suffer from severe emotional damage as a result.
Sexual offense victims can seek financial compensation for their physical injuries. Victims have the right to monetary compensation for their medical expenses and future medical treatment.
A wrongfully indicted individual will suffer severe monetary damages because of this. In addition, they can face criminal prosecution if the court finds them guilty of the charges.
Improperly accused individuals must seek the help of a seasoned criminal defense lawyer.
Depending on the nature of the crime, the penalties for sexual offenses can be extremely severe. You must consult with your Los Angeles sexual assault attorney for any penalties that you may potentially face.
Though most sexual assault cases are classified as felonies, some crimes can be charged with misdemeanors. If a case is identified as a misdemeanor, the attacker may face the following consequences:
If the court ruled the case as a felony crime, a defendant might face severe consequences.
California Senate Bill 384 governs the law surrounding offender registration.
Depending on the decision of the court, a defendant may be classified as one of the following tiers:
Sexual assault attorneys are experienced professionals who are knowledgeable of the existing sexual assault laws in California. There are many trained professionals out there. But, what you need is someone renowned in the field of criminal defense law.
Our Los Angeles, CA office was able to help many residents who were falsely accused of a crime. At Hurwitz Law Group, our highly skilled criminal defense attorney devised several defense strategies that helped our clients avoid wrongful allegations.
False accusations of sexual assault offenses can cause emotional distress to the affected individual. Our law firm understands this situation that you are going through. We will fight aggressively to defend our client’s rights.
Our proven success in the field of criminal defense shows that we uphold our client’s best interests. Our legal team upholds our attorney-client relationship and ensures that we only offer the best quality of service and legal advice.
Call us now at (323) 310-9677 for a free consultation, or you may also fill up this form. You must act fast if you are falsely accused of a crime you did not commit.
Indecent Exposure Attorney Los Angeles
If you’re facing indecent exposure charges, talk to the attorneys at Hurwitz Law Group. We have cultivated a stellar track record with a very high rate of successful cases thanks to our commitment to protecting our clients’ rights in any situation. We understand the complexities of the California penal codes, so anyone in need of a Los Angeles indecent exposure lawyer should contact Hurwitz Law Group today to schedule a consultation.
California law defines “indecent exposure” as any willful public presentation of one’s naked person in any place where other people are present. Although this may sound somewhat harmless, the law states that people have the right to travel in public without being subject to nudity or provocative exposure from others. Public artistic performances sometimes fall under the protection of the First Amendment right to free speech, but these performances typically require approval from local administrators before artists may make public displays. A good rule of thumb for Californians is that any type of public nudity can lead to an indecent exposure charge.
Under California Penal Code Section 314, anyone who violates California’s indecent exposure laws will face misdemeanor charges for a first-time offense. While this may not sound severe, multiple offenses lead to more serious penalties and felony charges. Under California’s three strikes law, multiple felony convictions, even for unrelated offenses, can lead to life imprisonment. Indecent exposure can include:
The state also recognizes the rights of sexually oriented b
usinesses such as strip clubs, adult novelty stores, pornography filming and publication companies, and stores that sell pornography. California law requires these establishments obtain the necessary licensures for legal operation and follow the specific guidelines set forth by the California Constitution pertaining to such businesses.
First-time indecent exposure offenses will result in up to six months in county jail and up to $1,000 in fines. A second offense will result in a felony conviction, incurring additional fines and longer imprisonment in a state prison. It’s also important to remember that anyone found guilty of indecent exposure must register on the California Sex Offender Registry for no less than 10 years.
California law clearly states indecent exposure is a willful act, and there are several possible defenses to a charge of indecent exposure. Mistaken identity is one of the most common and applies when the accused is innocent of the crime but was mistaken for the actual offender. The accused may also be able to prove he or she never engaged in any exposure or did not know that anyone could see the incident in question. For example, a couple observed having intercourse through an open window may not realize the people outside can see them and unknowingly engaged in indecent exposure.
The right attorney can make a tremendous difference in the outcome of an indecent exposure case. Hurwitz Law Group understands that many people mistakenly receive such charges and need reliable attorneys to help them avoid serious legal penalties. One of our attorneys will meet with you to review the details of your case and the charges against you and let you know how our firm can help. A good defense attorney can help a client in an indecent exposure case have the charges reduced or even dropped in cases of mistaken identity.
Knowledgeable Los Angeles Child Pornography Defense Attorney Can Help With Accusations
The word child pornography is associated with so much bias that a simple accusation is enough to get you instant public judgment even when you’re innocent. The state of California has also taken a greater interest in the prosecution of this crime, making the consequences extremely dire.
In addition to paying a hefty fine, you may face prison time when found guilty and will be required to register as a sexual offender. Perhaps the most emotionally damaging effect of being accused of child pornography is that you could end up losing family and friends.
If you’re facing child pornography allegations in Los Angeles, here’s everything you need to know according to our Los Angeles Child Pornography Defense Attorney!
The scope of child pornography under California law is fairly wide and includes the representation or materials of children below 18 years simulating sexual conduct or engaging in sexual intercourse. It takes various forms, including;
Under the California Penal Code Section 311.4, sexual conduct is broadly defined and includes;
It also includes simulated sexual conduct, which occurs when certain acts indicate sexual conduct.
There are various California laws against child pornography, most of which target specific behaviors. However, all of them prohibit either the creation, possession, or distribution of child pornography.
Under the California child pornography laws, the various charges include;
Under the California Penal Code Section 311.11 PC, for you to be charged with this crime, you must be aware of the material you have in your possession and that it depicts child pornography acts. Due to the wide usage of the internet, it’s possible for someone to download child pornography on your devices without your knowledge or to bump into child pornography sites.
In such cases, the judge has to examine the specific details of your charges to determine the right sentence, and it could either be a felony or a misdemeanor. Some of the factors they will consider include the type of material in your possession, the number of pictures/videos you have, and your prior criminal record.
Under the California Penal Code Sections 311.1 and 311.2 PC, anyone that knowingly exhibits, exchanges, or distributes child pornography is liable for criminal charges. This includes;
The seriousness of your charges will be dependent on whether you intended to use the child pornography for commercial uses, how obscene the materials were, and who you intended to send them to.
If you develop, print, or duplicate child pornography materials, you’re liable to wobbler or felony charges. It doesn’t matter that you didn’t intend to distribute the material. The documentation itself warrants criminal charges.
Other child pornography crimes include;
The officers obtained the evidence being used against you unlawfully. They didn’t have a warrant or actionable cause to search your possessions.
You were unlawfully tricked into committing child pornography conducts. For instance, if an undercover officer or a citizen encourages you to discuss child pornography or tricks you into purchasing child pornography material, you cannot be held liable.
Sometimes you could click on a pop-up that drives you into a child pornography site, or it could be that you clicked on a spam link. If you’re an unwilling or unknowing participant in child pornography, you cannot be convicted. You just have to prove that the materials were obtained unintentionally.
If the content does not fit the state’s definition of child pornography, you can’t be convicted. This also applies if the film you have has been rated by the Motion Picture Association of America (MPAA)
You must know that the parties involved in the material are below 18 years either because they were described or depicted as such. It’s, however, important to note that ignorance is no defense, and even if you didn’t know the age of the minor or assumed their age, you’re still guilty.
This is applicable if someone is framing you for child pornography charges. You must show why they would level such charges against you.
A medical professional has to testify that you have a psychological addiction but are remorseful for your acts. In such situations, instead of a prison sentence, you may be asked to go for counseling.
Due to the wide range of behavior that defines child pornography, the criminal charges you face are dependent on the conduct you’re being accused of.
While the court appoints a public defender for the accused, most of them often handle multiple cases at once and may not give your case the attention it deserves. This is why you should hire a qualified private attorney that can effectively defend you against the allegations being faced.
Due to the seriousness of child pornography, most attorneys also shy away from taking such cases, but we don’t. We believe in upholding our client’s rights by defending them aggressively.
If you’re facing pornography charges in Los Angeles, let us help you. Contact us today for a free consultation with our Los Angeles Child Pornography Defense Attorney.
Restraining orders serve an important purpose under California law – but like all legal tools, they can be complicated to understand and difficult to use. That's why our firm works with clients throughout Los Angeles and Southern California to get restraining orders. You don't have to figure all of this out on your own. We are here to help!
Our Los Angeles restraining order law firm also helps individuals who have found themselves on the receiving end of restraining orders. If you know someone has filed for a restraining order against you, you must talk to an attorney immediately. A restraining order can significantly impact your life, including where you can live now and in the future.
We are very familiar with all types of restraining orders used in California. Whatever restraining order you are dealing with, we can assist you. Our team can explain what to expect, identify your best options based on your unique situation, and more.
We can assist you with the following:
1. Evaluating the Situation and Determining the Appropriate Type of Restraining Order
Whenever you think you need a restraining order, it’s important to talk to an attorney for knowledgeable advice. We have helped numerous people in situations like yours, so we know how to see your situation clearly and identify the most effective option for your needs.
2. Assisting With Paperwork Preparation and Filing
Once you know what kind of restraining order you need, it's time to file your paperwork and get protection as quickly as possible. The nice thing about working with an experienced restraining order lawyer in Los Angeles is that you minimize the risk of making filing mistakes. We get it right the first time, which means faster results for you.
3. Gathering Evidence and Building a Strong Case
We must prove to the court that your restraining order request is justified. Our team excels at gathering evidence and building strong cases for our clients.
4. Representing Clients in Court Hearings
If you need to speak to the court, you need an excellent restraining order lawyer. We know how to tell your story in a way that will make the court listen.
5. Negotiating Settlements or Modifications of Restraining Orders
Things change, and legal needs change along with them. When you need to negotiate a settlement or modify a restraining order, we can help.
There are multiple types of restraining orders available in Los Angeles. These include:
An emergency protective order is temporary and protects for seven days. Police officers responding to domestic violence calls sometimes request these to give abuse victims time to get a temporary or permanent restraining order.
A temporary restraining order (TRO) protects the length of a hearing seeking a permanent restraining order. The TRO ends once the hearing is over and the permanent restraining order is granted – or denied.
According to the California courts, "A domestic violence restraining order is against someone you've dated or had an intimate relationship with, including a spouse or domestic partner." It can be granted against someone who has abused you or your children.
A civil harassment restraining order is against someone you don't have a close relationship with. You can seek this restraining order against anyone who has harassed you, such as a co-worker or neighbor.
Like any legal action in California, getting a restraining order in Los Angeles requires a specific process. This includes:
As your legal representative, we gather all the documents to file the specific restraining order you need and file them on your behalf. Our team is experienced in all types of legal document filing and knows exactly what documents to select, how to complete them accurately, and which department to file them with.
You must talk with the judge before you can get a permanent restraining order. During the hearing, the person you are filing for protection from also gets a chance to speak. Standing before a judge and explaining your situation is difficult for anyone, especially abuse victims. But with our attorney by your side, you don't have to go through the process alone.
Once you get a court date, getting the papers served to the other party as soon as possible is important. Once they have been notified of the restraining order, if they break it, they can be arrested. Most of the time, the sheriff serves the papers. But you can have someone else serve the documents if they are over 18 and not part of your case. We can discuss the serving of documents with you and move forward with a plan to serve them that you are comfortable with.
Violating a restraining order can have serious legal consequences. There are civil and criminal restraining orders, each with different consequences for violation.
Violating a civil restraining order can lead to fines and possible jail time. Violating a criminal restraining order carries more substantial punishments, including up to six months in jail for each violation.
The punishments for violating a restraining order are serious because such orders are vital to protect abuse victims.
We encourage you to contact our law firm immediately if you have been served with a restraining order. As stated above, violating such an order can have serious legal ramifications. The last thing you want is to be fined or go to jail. And violating a restraining order – even if you don't believe it is justified – will make it much harder to convince the court to amend or cancel it.
If someone has filed a restraining order against you, don't do these things:
If you know that a restraining order is unjustified, it can be frustrating and hurtful to be targeted with one. We understand how frustrating it can be. But it would help if you controlled your actions during this difficult time. Defending against a false restraining order takes discipline, time, and expert guidance.
As we said before, the first thing to do is contact an attorney. Once you have told us your story, we will lay out the guidelines for defending yourself. These include:
The family situations surrounding restraining orders can be complicated. Our team may need to help you with related legal matters such as:
A. Child Custody and Visitation Issues in Restraining Order Cases
Restraining orders can severely complicate legal concerns like child custody and visitation. We can discuss existing custody and visitation arrangements and help you understand how the restraining order will affect those arrangements.
B. Spousal and Child Support in the Context of Restraining Orders
Spousal and child support arrangements can also be affected by restraining orders. These legal agreements still apply even with a restraining order, so it's important to determine how each party will meet these agreements.
C. Divorce or Dissolution of Marriage Proceedings Alongside Restraining Orders
Divorce or dissolution of marriage are common occurrences alongside restraining orders. Our legal team can explain how the criminal law aspects of the order and work with your family law attorney to protect your interests.
Few situations are more tense or upsetting than those surrounding restraining orders. Most people consider such an order a last resort and struggle to complete the filing process. At Hurwitz Law Group, we can help you with the process if you are unsure or just feeling overwhelmed. We can explain your options and ensure you get protection when needed.
If you are on the receiving end of the order, feeling hurt, confused, and unsure of how to move forward is expected. You deserve knowledgeable legal guidance, and we are here to provide it. It's important to act quickly and talk to an attorney now if you have been served or know you will be served with a restraining order.
The sooner we talk with you, the sooner we can help you understand the best steps to take next.
