Last month in Ventura County, a Ventura man was arrested for assault with a deadly weapon in the early morning hours.
According to Ventura police department, the alleged victim was a Ventura resident who arrived at a home on Hemlock St. to retrieve her property. Another female at the location got in an argument with he alleged victim inside the residence. Apparently the argument escalated into a fight, in which Edward Estrella, 26, armed himself with an aluminum baseball bat and struck the alleged victim with the bat repeatedly on her torso and head.
The victim, Kristen Rogers, was hospitalized with a laceration to the her head and suffered a broken bone in her wrist. When the Ventura police responded they located Estrella inside the residence, where he was arrested for assault with a deadly weapon and later was booked at Ventura County Jail.
Are you or a loved one facing a similar charge in court? When a person is charged with this crime and a weapon is used then the crime if a felony and also considered as a strike offense.
If you are charged with assault with a deadly weapon in violation of Penal Code section 245(a), the prosecution must prove that:
1. You did an act that by its nature would directly and probably result in the application of force to a person, and the force used was likely to produce great bodily injury;
2. You did that act willfully;
3. When you acted, you were aware of facts that would lead a reasonable person to realize that this act by its nature would directly and probably result in the application of force to someone;
4. When you acted, you had the present ability to apply force likely to produce great bodily injury; and
5. You did not act in self-defense.
If you or a loved one have been accused or charged with assault with a deadly weapon, it is very important that you speak with an experienced Ventura assault attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.
