The Difference Between a Misdemeanor and a Felony

Types of crimes are divided between two categories – misdemeanor and felony. Felonies are punishable by death or lengthy incarceration while misdemeanors are less serious crimes where the punishment is not as steep as a felony. Being accused of a crime is a serious situation no matter if it is a misdemeanor or a felony. Our Lake of the Ozarks criminal defense attorney can help you understand the magnitude of your case. Below you can find more ways distinguish between a misdemeanor and a felony crime.

Misdemeanor:

Some consider a misdemeanor a “middle-of-the-road crime”. This type of crime has a more serious consequence than an infraction and lesser than that of a felony.  Misdemeanors are typically punishable by fines and/or up to one year in county or local jail.

See a few examples of a misdemeanor crime below:
• Petty Theft
• Possession of small amounts of marijuana
• Trespass
• Disturbance of the peace
• Illegal gambling

Note that some misdemeanor charges can be moved up to a felony, depending on the severity of the crime. For example, punching someone in a bar would be punished as a misdemeanor but hitting someone with brass knuckles would qualify as a felony charge. In addition, being in possession of a large amount of marijuana can be charged as a felony, whereas a smaller amount may be punished as a misdemeanor.

Felony: 

According to the American Judicial System, a felony is the most serious classification of crime that can be committed. This classification is reserved for the most heinous crimes.  Convicted felons may be subject to the maximum punishment allowable by the state in which they are committed. This can include steep fines, multiple years in prison (including up to life), and the potential for the death penalty (depending on the state).

See a few examples of felonies below:
• Robbery
• Kidnapping
• Possession and/or distribution of child pornography
• Embezzlement
• Grand theft
• Murder
• Identity theft
• Rape
• Possession and/or distribution of a controlled substance
• Fraud

Quality Representation Can Make All The Difference:

Misdemeanor and felony convictions can greatly impact every aspect of your life. The thought itself can be overwhelming. Even if you are not punished to life in prison, the conviction can follow you around for many years. The right representation on your side can help you reach the best outcome possible. It’s important to find an attorney who can help best represent your misdemeanor or felony case.

When being accused of a crime, securing an experienced defense is essential. Our criminal defense attorney at the Lake of the Ozarks has experience defending against a wide range of criminal allegations. If you have been accused of a criminal offense, it’s important to seek legal counsel to discuss your options. Contact Gibbons Law Firm to schedule your initial consultation today. At our Lake of the Ozarks law firm, your first consultation is always free!

Remember, your initial consultation with Gibbons Law Firm is always free.

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Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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6 Common Personal Injury Legal Questions

People are injured on a daily basis and in some of these cases the injury is caused by another individual. The person who caused the injury may be at fault, whether the incident was intentional or not. Although the injury may not be have been on purpose, there may be steep medical bills that add up. Our Lake of the Ozarks law firm can help you seek compensation for injuries you have sustained due to someone else’s negligence. To help you better understand the services we offer, we’ve dedicated this week’s blog to answer common questions people have about personal injury cases in Mid-Missouri.

Question #1

How do I know if I have a valid Case?
If you feel like you can prove that your injury was caused by someone else’s negligence, you most likely have grounds for a valid personal injury case. Seek professional legal counsel if you are questioning the validity of your personal injury situation.

Question #2

How can I get compensation from an injury caused by an uninsured driver?
American motorists are legally required to purchase insurance coverage for vehicle accidents. Although this is required, many drivers are NOT properly insured. If you are injured due to an uninsured motorist who is unknown, you can contact your insurance company for compensation under the uninsured motorist policy.

Question #3

I have received damage releases from the insurance company, should I sign them?
It’s best to not sign any paperwork regarding your case without your attorney looking at the document. Sometimes an insurance adjustor or other involved party may try to convince you to sign a damage release form without having a legal professional present.  You should never sign off on a paper if you are not sure of the exact purpose of the document.

Question #4

How do I know if an offer to settle my case is reasonable?
It can be difficult to tell if an offer is reasonable. An experienced personal injury attorney can help you distinguish if your settlement offer is fair. Seek legal help if you are unsure if the offer will be enough to cover damages caused by someone else’s negligence.

Question #5

Can my case be resolved without an attorney?
A case can be resolved without an attorney; however, the goal of the insurance company is to minimize what they are required to pay out. If you wish to seek damages to cover the injuries sustained, a lawyer may be the best option for you!

Question #6

How much is my case worth?
This is one of the top questions on the minds of anyone considering a personal injury lawsuit. Unfortunately, it is also one of the hardest questions to answer. A personal injury case needs to be carefully evaluated by a legal professional to get an idea of what damages you may be able to receive. A number of factors come into play when coming up with an answer to this question. Medical bills, lost wages, loss of earning capacity, property damage, associated pain and suffering are all factors that need to be evaluated when estimating a damage amount.

If you’ve been injured at the fault of someone else, it’s important to know all of your options. Contact our personal injury attorney at the Lake of the Ozarks to help with your case. Give Gibbons Law Firm a call today if you have any other questions pertaining to personal injury cases! Look at our website to learn more about our personal injury services. Remember, your first consultation with our law firm is free.

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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5 Tips for a Less Stressful Divorce

A divorce will be a stressful situation for you, your spouse, and your family. Some of the stress can be alleviated with some actions that you can control. The bottom line with your divorce is to limit the amount of conflict and stress during this difficult period of your life. Our family law firm at the Lake of the Ozarks is here for all of your needs when ending a marriage. Find some tips below to help limit the amount of stress during a divorce, courtesy of Gibbons Law Firm. 

1. Allow Open Lines of Communication

Emotions typically run high as a marriage is ending. Try to keep the lines of communication open and honest between you and your soon-to-be ex-spouse. The ability to calmly navigate through the divorce process together can make all the difference in your experience. Making decisions together can help speed along the process tremendously. Clear communication is the key to an easy, successful divorce.

2. Ensure Your Kids are the Top Priority

If children are involved, keep them at the top of the priority list, especially during your divorce proceedings. Try to avoid a situation in which your kids are put in the middle of you and your spouse’s divorce. This can lead to tension for the children and an unpleasant situation for everyone. When it’s appropriate, encourage your kids to have a solid relationship with both parents. Set a good example and help create a less stressful situation for your entire family.

3. Seek Professional Therapy

The emotional toll of a divorce can be difficult to deal with at times. Seek help from a therapist if you need someone to talk to or help you work through the emotional side of the process. Talking things out during therapy can help give you a new perspective on the entire divorce and help you cope with the changes that are taking place. 

4. Keep Your Finances In Check

In addition to the expense of a divorce alone, you will want to think ahead to future expenses that you will now be tackling on your own. Try to avoid racking up debt as you work through the divorce process. Consider creating a new budget for your household to help stay on top of expenses. 

5. Find the Right Divorce Lawyer for YOU

The right lawyer can make all the difference in your divorce. It’s important to find someone who you are comfortable with. Ease the strain of the situation with the right divorce attorney on your side. A supportive and cooperative legal professional can help ease some of the worry involved during your divorce proceedings. 

Making the divorce process less stressful can be a challenging task, but it can be done. Stay positive and focus on the end result when you struggle during the process. By starting with the advice of a professional Lake of the Ozarks lawyer, you can get the divorce process going in a positive direction. If you are preparing for a divorce, consult our divorce attorney at the Lake of the Ozarks today. We are honored to help with your divorce in any way. Remember, the first consultation is always free at our law firm!

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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5 Legal Tips for Your Small Business

As a business owner, you want to help protect your small business from legal issues. Protecting your small business from possible legal issues requires some preparation and prevention. As your Lake of the Ozarks law firm, we have provided some tips to help your small business avoid unnecessary time in the court room - we know your time can be better spent focused on your business. Here are some legal tips to help protect your small business at the Lake of the Ozarks.   

1) Keep Good Documentation

As a business owner, it's important to put everything in writing. Document your formal activities like hiring, firing, accounting information, and other internal decisions. It is vital to protect what you've worked so hard to create. Keep good records of anything that happens pertaining to your business, and keep these documents organized. Time is important with legal business issues, so finding the proper documentation quickly is important.

2) Treat All Partners and Customers the Same

Many small business owners conduct business with friends and family. While this is usually beneficial for your business, it’s important to keep it professional. If you have a family member working for you or are doing a project for a close friend, treat the situation like a typical employee or client, and keep your documentation in order. Think ahead for if and when this partnership or working relationship will dissolve or come to an end.  

3) Guard Your Intellectual Property

Safeguard your trade secrets, trademarks, copyrights, and confidentiality. Ensure your intellectual property is properly protected. When hiring a new employee, be sure your documentation is worded accurately and you have a lawyer conduct a review of your confidentiality and non-compete agreements. Much time, money, and effort may be required to protect your business without this proper documentation. 

4) Make Solid Agreements with Employees

Before hiring someone on, communicate clearly your expectations. An employment agreement is a document to establish straightforward expectations and rules for everyone to follow. Company policies are another piece of information that should be included with this agreement. 

5) Seek Out Legal Representation

While you are the expert of your own business, the legal world is a whole different arena. It's important to have a legal professional help you set up these documents to ensure you have your bases are covered. Your lawyer can also keep copies of your legal documents in case you need them! 

Hopefully you’ve learned more about some ways to protect your small business. We can help you implement these legal protections that your business may need. While taking these steps can help keep your business out of legal turmoil, Gibbons Law Firm can help to represent your small business should a situation arise. Remember, your first consultation with our law firm at the Lake of the Ozarks is free! Give us a call today to schedule an appointment to legally represent your small business venture. 

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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4 Essential Road Trip Safety Tips to Close Out Your Summer

With an increase in road trips and family vacations during the summer months, the roadways are usually busier than other times of the year. Along with the increase of traffic comes the additional chance of being involved in a motor vehicle accident. Safety precautions should be taken by all drivers on the road. As your trusted law firm at the Lake of the Ozarks, we want to help provide you with tips for safer travels this summer. Below are a few pieces of advice when traveling the remainder of the summer months, courtesy of our personal injury lawyer at the Lake of the Ozarks.

1) Increase Following Distance

It's recommended to stay back 1 car length for each 10 miles an hour increment you are traveling. If you are going 70 mph on the interstate, try to stay at least 7 car lengths back from the vehicle in front of you. Traveling at a safe distance between vehicles gives you adequate reaction time should another vehicle swerve or come to a sudden stop. Multiple car incidents can often be avoided by increasing the distance between vehicles.

2) Avoid Tractor Trailer Blind Spots

With an extended trailer behind, many diesel trucks have large blind spots as they cruise down the highway. If you do pass a semi truck, use caution and get by them in a timely manner. Also pay attention to their blinkers, as you make a pass. In addition to blind spots while driving, a wide turning radius is another danger of traveling next to semi trucks. In order to navigate a turn, more than one lane may be needed. Try to stay clear of tractor trailer vehicles, as they turn at an intersection.

3) Keep Speed In Check

While traveling to your destination, it may be quite tempting to travel faster than the recommended speed. Whether you are running behind or simply want to get to your vacation destination quickly, try to fight the urge to speed. Increased speed not only leads to a more dangerous roadway for yourself and others, you are more apt to get pulled over for a speeding ticket.

4) Put the Device Down

In 2015, about 391,000 people were injured in a vehicle accident due to distracted driving, according to the National Highway Traffic Safety Administration. While taking eyes off the road for a few seconds can seem harmless, the driving conditions in front of you can change in a split second. Designate a texter or leave the phone out of reach, to resist the urge to respond to a text. Also program your GPS before you hit the road on your next trip. This can help you and your family avoid being involved in a motor vehicle accident.

Gibbons Law Firm Can Help

Even when using the utmost caution, roadway accidents to happen. If your are involved in a collision on your next summer trip and are injured, our Lake of the Ozarks personal injury lawyer can help. Our lawyer can help walk you through the necessary steps in your personal injury case. To learn more about how Gibbons Law Firm can help with your situation, call us to schedule your free initial consultation.

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.

The Inside Scoop on Child Custody Resolutions

Divorce can be a very stressful and life altering process. From dividing assets to the emotional toll of ending a marriage, there are a number of important decisions that need to be made. If you have children involved in your divorce, you should know all of the custody options that are available. Whether you have maternal or paternal rights, it’s important to stay informed. If you are involved in a child custody case at the Lake of the Ozarks, we’d like to help you through the process. To learn more about the custody resolution options that may be available for your case, take a look at the information provided below.

Methods to Determine Custody:

With all custody cases, a judge must determine whether the custody arrangement is in the best interests of the children.  This is true whether the parents mutually agree on the custody arrangement or whether the parents present their case to the judge to decide the custody arrangement.  If the parents mutually agree upon a custody arrangement, the court must review and approve the parties’ written custody agreement as being in the children’s best interests.  The most common ways to resolve custody cases are through litigation, mediation or by settlement between the parents.  

Types of Custody:

“Custody” means joint legal custody, sole legal custody, joint physical custody or sole physical custody, or any combination thereof.  Joint legal custody means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and requires that the parents confer with one another in the exercise of decision-making rights, responsibilities, and authority.  

Sole legal custody means that one parent has the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child.  The parent that has sole legal custody must keep the other parent apprised of decisions/issues related to the health, education and welfare of the child.

Joint physical custody involves an arrangement whereby each of the parents are awarded significant, but not necessarily equal, periods of time during which a child resides with or is under the care and supervision of each of the parents.  Joint physical custody must be shared by the parents in such a way as to assure the child of frequent, continuing and meaningful contact with both parents.  A number of custody arrangements are possible with a joint physical custody arrangement.  The arrangements can include an equal split of time with the children to a situation whereby one parent has custody every other weekend with extended time in the summer.

Sole physical custody of a child can be awarded to one parent.  This generally occurs when one of the parents is deemed unfit to have custody of the child for one or more reasons.

Factors to Determine Who is Awarded Custody:

In Missouri, a judge must determine custody in accordance with the best interests of the child.  When the parties have not reached an agreement on all issues related to custody, the court must consider all relevant factors, including the following:

- The wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties.

- The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child.

- The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests.

- Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent.

- The child’s adjustment to the child’s home, school, and community.

- The mental and physical health of all individuals involved, including any history of abuse of any individuals involved.

- The intention of either parent to relocate the principal residence of the child.

- The wishes of a child as to the child’s custodian. 

If you find yourself in need of a divorce lawyer at the Lake of the Ozarks, we can help you! From explaining the divorce process to knowing your rights for child custody, there are a number of options you should know about. Our Lake of the Ozarks law office is here for all of your child custody needs. From filing for divorce to fighting for your custody rights, Gibbons Law Firm can assist. Give us a call today to schedule your FREE consultation to discuss your child custody case.

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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10 Legal Terms You Should Know

Do you watch a lot of legal shows on television? You may have heard a number of terms used in these entertainment episodes, but do you know what they actually mean? Our Lake of the Ozarks law firm is here to help you clarify the definitions of some common legal terms. Whether you have a legal case you want to get taken care of or are simply curious what some of these terms represent, this week’s blog can help you out! Take a look below for legal terms and their definitions to learn more.

Legal Term #1: Defendant

The person or commercial being who a complaint is filed against. A defendant is the one being pursued in a case. 

Legal Term #2: Acquittal

When it is decided there is insufficient evidence to support a conviction in a criminal defense case. Some attorneys strive for an acquittal if it does not seem there is enough evidence to charge their client. 

Legal Term #3: Damages

Money payed to the plaintiff, if a defendant is found guilty. This money can be for past damages or expenses or defer future wrongful actions.

Legal Term #4: Liability

The state of being responsible for an action, according to the law. When fault is placed, the individual or business is liable for the wrongful occurrence. 

Legal Term #5: Tort

A wrongful act or infringement of a right leading to civil legal liability. This can also be explained as a negligent or intentional injury to a person or property. 

Legal Term #6: Negligence

Failure to use regular care resulting in damage or injury to something or someone. 

Legal Term #7: Testify

When a witness or other individual is asked to orally present evidence during a trial. Someone who witnessed an incident may be asked to testify, as well as an individual who has been acquainted with the person on trial in the past. 

Legal Term #8: Statute

A law that has passed through legislation and is now official. 

Legal Term #9: Plaintiff

An individual or business who files an official complaint with the court system. The person who initiates a case is known as the plaintiff. 

Legal Term #10: Brief

A statement that is written and submitted in a trial proceeding that goes into detail to represent one side of the legal and factual arguments. This can help all parties get on the same page as to what the story is. 

Hopefully you’ve now learned something new or gotten clarity on a specific term. If you’ve been involved in a legal incident, our experienced attorney at the Lake of the Ozarks is here for you. Whether you’re looking to see if you have a case on your hands or you are being pursued by another party, Gibbons Law Firm can help represent your case. We can provide you with legal counseling through the entire process. From clear communication methods to legal advice for your case, we would be honored to help with your legal matters. 

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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