PRACTICE AREAS
Criminal Law
Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated. A “crime” is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability.
Crimes include both felonies (more serious offenses — like murder or rape) and misdemeanors (less serious offenses — like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal crimes, dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown. See Title 18.
All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or “actus reus,” and a mental state, or “mens rea.” Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge “beyond a reasonable doubt” of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a “preponderance of the evidence,” or more than 50%.
Testimonials
“Trust, confidence, and reliability were [the] major factors that impressed me most when I hired the Law Offices of Bob Nehoray to represent me. I was seriously injured at work and was treated very badly by my employer. I’ve gone through many hurdles and obstacles looking for the right attorney to satisfy my needs and expectations but nobody [seemed] to care about me. Some turned me down [while others] took advantage of me. [They] did not even care and appeared to be more interested in what they could get out of my case, thus, putting their [own] personal interest over mine.
I was hopeless and almost gave up, because my workers’ compensation claim was tied [in] with my discrimination/harassment civil lawsuit against my employer, [which] made the whole situation very complicated. However, it was not too late when I met Mr. Nehoray and his office manager, Alma Gavia, who gave me hope and courage. They patiently listened to me and spent time and effort with me. Mr. Nehoray took-on my case despite complications. He handled it with proper care and professionalism.
If you are looking for a combination of excellent legal representation and positive results, Bob Nehoray and his staff will take care of you. Finally, after consulting with many attorneys, I am glad I am in good hands. Don’t be desperate. Put aside your frustrations and be patient. Go and get a free consultation. Call the Law Offices of Bob Nehoray right away and get your rights protected.”
“Law Offices of Bob Nehoray… I will NEVER be able to thank you enough for what you’ve done for me; and it isn’t the amazing settlement that you got for me that I am most grateful for; it is how professional you and your entire office staff were. Everyone is SO nice [and] caring. They made me feel like a person and not just a ‘client.’ The fact that you were able to handle both my Personal Injury and my Workers’ Compensation cases at the same time was very important as well. Bob, you and Behnaz are the best of the best and you will forever have my appreciation and my HIGH recommendation! All the best to you and everyone at the Law Offices of Bob Nehoray. Thank you all so very much!”