The Law Offices of David Stein - DC Assault Lawyer

Notable Attorneys

Assault in Washington, DC can be complicated and if you find yourself facing these charges you will need to contact a DC assault attorney. The threshold requirement for a simple Assault Charge in the District is very low. The statute criminalizes "whoever unlawfully assaults, or threatens in a menacing manner.” An experienced criminal law DC assault lawyer would fully consider and litigate all viable defenses to an assault charge, including but not limited to, self-defense and defense of others -- guide you through the process with minimal exposure. Simple Assault carries a penalty of $1000.00 fine or no more than 180 days in jail or both.

Depending on the severity of the injuries and potential weapons used during commission of offense, the charge may be Aggravated Assault, Assault with Deadly Weapon, or Assault with Intent to Kill.In times of need, you will need a DC assault lawyer who knows how to handle both misdemeanors and felonies. For example, DC assault charge with a significant bodily injury is a step up from Simple Assault and is defined as: whoever assaults, threatens, and intentionally and knowingly or recklessly causes significant bodily injury to other. The Washington DC assault with significant injury offense carries a potential prison sentence of three years and/or a $3,000 fine.

DC aggravated assault is defined as whoever knowingly causes serious bodily injury to another person. Serious bodily injury means an injury that creates substantial risk of death, unconsciousness, extreme physical pain, or protracted and obvious disfigurement. Washington DC aggravated assault charge carries a fine of $10,000 and/or imprisonment for not more than 10 years, or both. A trial by judge or jury can result in a not guilty verdict if reasonable doubt has been established. A criminal law DC lawyer with impeccable litigation skills can often meet the minimum threshold to create reasonable doubt given favorable evidence. Thus it is imperative to engage our skilled, trained and seasoned DC assault lawyers to seek out all exculpatory evidence exonerating you of the charges.

We want to help individuals going through a difficult time keep a positive problem-solving attitude. Contact a Washington, DC assault lawyer today to discuss your case. We are within reach. For a consultation with The Law Offices of David Stein, call
now.

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Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.

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