I was arrested at a bar for assault and battery in Los Angeles. How can an experienced criminal lawyer help me get my assault and battery charge dismissed? (PC 240 – PC 242)

March 4, 2013,

If you are facing charges of assault and battery in Los Angeles, your first step should be to contact an Assault and Battery Defense Attorney. The Defense Attorneys at Wallin & Klarich have over 30 years of experience successfully defending assault and battery cases in Los Angeles and are ready to help you.

Assault and Battery in Los Angeles

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• Assault: Under Penal Code section 240, a prosecutor can charge you with assault if you attempt to injure another person, even though no physical contact is made. There is no physical contact necessary for a conviction of assault.
• Battery: Under Penal Code section 243, you may be charged with battery if there is any unwanted physical contact with a third-party that causes injury to the third-party. Touching a person’s clothes, car, and even objects in their hands can result in a battery charge.

Defenses to Assault and Battery in Los Angeles

The first step to getting your charges dismissed is to call the Los Angeles office of Wallin & Klarich. We can work with you and form the best possible strategy for your case. In our 30 years of work in Los Angeles, the Assault and Battery Defense Attorneys at Wallin & Klarich have successfully defended people facing assault and battery charges. Depending on the circumstances of your particular case, your Los Angeles attorney from Wallin & Klarich may use the following defenses:

1. Self Defense or Defense of Others

One of the most common defenses is self-defense or defense of others. In assault and battery cases, we can use this defense if:
• you believed you were under threat of violence OR
• if you believed you had to act to defend someone else.

2. Consent

Another assault and battery defense your Wallin & Klarich Los Angeles defense lawyer may use is consent. Consent means that the person you allegedly assaulted agreed to your offending conduct. In order for this defense to be successful, the injuries suffered must not be serious. Additionally, you must prove that the injuries were reasonably foreseeable.

3. Dispute the Elements of the Charges

We can also attack the elements the prosecutor has to prove. For example:
• For assault, we can dispute that you attempted or were able to injure someone.
• For battery, we can dispute that you acted “willfully.” Accidental or inadvertent contact will not satisfy the requisite intent component.

By using the defenses that apply best to your particular situation, we may be able to get your fines lessened and your charges reduced. It might even be possible to get your assault and battery charges dismissed altogether.

Finding a Los Angeles Assault and Battery Defense Attorney

If you or a loved one is facing assault and battery charges in Los Angeles, it is essential that you contact an experienced assault and battery defense lawyer who is familiar with such cases. With over 30 years of experience in the field, let the Los Angeles Assault and Battery Defense Attorneys from Wallin & Klarich defend you. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura and Victorville.

Call us today at (888) 280-6839. We will get through this together.

If You Assault Your Spouse You Will Likely Be Ordered To Only See Your Children With A Court Approved Monitor – PC 243

November 9, 2012,

There are tremendous consequences if you are accused of assaulting your spouse or loved one. Of course you are facing serious criminal charges. These criminal charges can result in a felony or misdemeanor conviction. This can result in a jail sentence of from one to three years in custody.

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However, in addition to that a recent court of appeals decision made clear that if you are convicted of assault of your spouse then that means you are a risk of harm to your children. This means that your visits with your children will be required to likely be monitored by a professional monitor. Professional monitors cost money and you will be likely ordered to pay the $35 to 75 per hour for the professional monitor or you will not be able to see your children.

We hope that you can see how important it is that you aggressively defend the charges against you when you are facing domestic violence of spousal abuse charges. This is where Wallin and Klarich can make the difference. We have been helping people win domestic violence cases for over thirty years. You cannot afford to lose your criminal spousal battery case. It is too important to not call us now toll free at 888-280-6839 or contact us through our website at www.wklaw.com. We have offices in San Bernardino, Riverside, Los Angeles, Ventura, San Diego, and Orange County. We will be there when you call.

Charlie Sheen's Ex Charged With Felony Assault

December 9, 2011,

Brooke Mueller, the ex-wife of actor Charlie Sheen, was arrested in Colorado and charged with assault and cocaine possession. According to authorities, officers encountered a women who said Mueller had assaulted her. Mueller was later found and arrested. She was arrested for possession of cocaine with intent to distribute, which is a felony, and assault, which is a misdemeanor.

Mueller's first court date in Colorado is tomorrow Dec. 19th, where her lawyers are hoping to get the drug charges dropped in the case.

In California, possession of cocaine with intent to distribute is codified under Health and Safety Code Section 11351. It states in pertinent part that “every person who possesses for sale or purchases for purposes of sale” is guilty of a felony.

In order for the prosecutor to convict a person of Health and Safety Code Section 11351, intent to sell must be proven. The prosecutor must prove that the person possessed the drugs with an intent to sell, as opposed to possession for person use.

If convicted of Health and Safety Code Section 11351, a person faces up to four years in custody.

Even if the drug charges against Mueller are dropped, she still faces misdemeanor assault charges.

If you or a loved one has been arrested, it is imperative you contact our firm. Hiring an experienced drug defense law firm is the best way to ensure you keep your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

BARSTOW COP CHARGED WITH HATE CRIME, ASSAULT – P.C. 240, P.C. 415, P.C. 422.6(A)

November 21, 2010,

On November 19, 2010, San Bernardino officials stated that Jimmy Alfred Walker, a Barstow police officer, faces misdemeanor assault, hate crime, and disturbing the peace charges for an incident that occurred in August.

Sometime after midnight, the Hesperia Sheriff’s Department received a call from a 911 operator about a fight in progress. When sheriffs arrived at the scene, Walker was allegedly assaulting a man and a woman. Walker, who is white, also allegedly made racially insulting toward them. It is unclear what race the alleged victims were.

Walker has been placed on paid leave while police officials investigate the matter.

“An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Penal Code 240.) An assault can be either a misdemeanor or a felony depending on the circumstances.

Disturbing the peace is a misdemeanor that includes unlawfully fighting in a public place, or being in a public place and using offensive words that are likely to provoke a violent reaction. (P.C. section 415(a), (c).)

Under Penal Code section 422.6(a), it is a crime to threaten or intimidate on the basis of their race, ethnicity, gender, sexual orientation, or other characteristics. (P.C. section 422.55.) Hate crimes can be either misdemeanors or felonies.

If you have been accused of a hate crime, do not speak to the police except to say that you will not answer your questions and that you wish to speak to your attorney. Being charged with a hate crime is a serious allegation and can be a crime in and of itself, or if another crime was committed because of the complaining witness’s characteristics, it can be used to profoundly lengthen your sentence. Thus, it is important not to talk to police, even if you believe that you can defend or explain yourself. Police are trained to use your statements against you, so do not give them more ammunition.

For over 30 years, the Southern California criminal defense attorneys at Wallin & Klarich have helped people accused of a variety of criminal matters, including hate crimes and assaults. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

RIVERSIDE SHERIFF’S DEPUTY CHARGED WITH FELONY ASSAULT NEEDS A CRIMINAL DEFENSE LAWYER

September 13, 2010,

An off-duty Riverside County sheriff's deputy was arrested in Temecula in late August after assaulting another deputy in a dispute involving his wife. Jaime Morales, 32, who is assigned to the sheriff's Moreno Valley station, was arrested early Aug. 24 on suspicion of assault with a deadly weapon and spousal battery. Assistant Sheriff Jerry Williams said Morales and Deputy Joseph Sinz got into an argument that turned physical in the parking lot of the Party City store near the Temecula mall. Apparently, Morales' wife tried to intervene and Morales pushed her, Williams said. Sinz, who is assigned to the Lake Elsinore station, suffered serious injuries including a broken jaw, broken nose and broken teeth.
Felony assault causing great bodily injury is a “strike” under California law and can carry a prison term of up to 4 years. “Strikes” are serious or violent felonies and are treated much more seriously by the District Attorney’s office and often result in “straight” time in country hail or prison time. Spousal battery is a misdemeanor and can carry a sentence of up to 1 year in county jail and require 3 years of probation and a year-long anger management course.
Morales, who is 6 feet tall and 200 pounds, has participated in the "Battle of the Badges" charity boxing tournament as Jaime "The Bull" Morales, according to fliers for the annual event in which law enforcement officers face off against firefighters. The “Bull” is in serious need of an experienced criminal defense attorney to help him as he is facing very serious charges. If you or a loved one are facing criminal charges in Southern California don’t hesitate to contact the experienced and aggressive attorneys at Wallin & Klarich We’ll be there when you call.

MAN WHO INTENTIONALLY VOMITED ON PHILLIES FANS SENTENCED TO UP TO THREE MONTHS IN JAIL

July 30, 2010,

On July 30, 2010, a defendant was sentenced for intentionally vomiting on a Philadelphia Phillies fan and his 15-year-old daughter at Citizens Bank Park in Philadelphia. The defendant was sentenced to one to three months in jail, community service, and ordered to pay $315, the cost of the tickets for the fan and his family.

The incident occurred on April 14, 2010, at a game between the Phillies and the Washington Nationals. Michael Vangelo, an off-duty police captain, brought his four daughters to the game. During the game, the defendant, Matthew Clemens, and his friend heckled, spilled beer, and spit on Vangelo and his family. Vangelo complained to security and Clemmens’ friend was ejected from the stadium.

According to the prosecutor, Clemmens then answered his cellphone and said, “I need to do what I need to do. I’m going to get sick.” He stuck several fingers in his mouth and vomited on Vangelo, with some of the vomit hitting one of Vangelo’s daughters.

In California, under Penal Code section 240, simple assault is an intentional and unlawful attempt to create a reasonably imminent fear of harmful or offensive touching of another person. The attempted touching does not have to be direct, it can occur through the perpetrator’s willful manipulation of events that leads to touching. Simple assault is a misdemeanor punishable by a fine and up to six months in jail. (California Penal Code section 241(a).)

Under California Penal Code section 415, “disturbing the peace” occurs when a person unlawfully fights another in a public place, intentionally and maliciously disturbs someone with loud and unreasonable noise, or who provokes another person with offensive words that would reasonably provoke a violent response. “Disturbing the peace” is a misdemeanor punishable by a fine and up to 90 days in jail.

Under California Penal Code section 647(f), a person who is drunk in public and who cannot reasonably care for his own safety or for the safety of those around him is guilty of public intoxication. Public intoxication is a misdemeanor punishable by a fine and up to six months in jail.

If you or someone you know has been accused of a crime, you will need an experienced Southern California defense attorney who will aggressively defend you to obtain the best possible result. At Wallin & Klarich, we have helped people accused of assault and disorderly conduct-type crimes for over 30 years. Call us at (888) 764-2615 or visit our website at www.wklawdui.com. We will be there when you call.

AL GORE ACCUSED OF SEXUALLY ASSAULTING WOMAN; CASE DROPPED FOR LACK OF EVIDENCE – CALIFORNIA PENAL CODE SECTION 243.4(E)(1)

June 24, 2010,

A woman whose name has not been released claimed that Al Gore sexually assaulted her on October 24, 2006. The woman, a massage therapist, stated that her employer sent her to Al Gore’s hotel room to perform a massage. During the course of the massage, the woman alleged that he sexually assaulted her.

The woman first contacted the police in 2006 but did not wish to proceed with a criminal investigation and cancelled multiple scheduled interviews with detectives. In 2009, she contacted the police and gave a detailed statement, but again declined to initiate a criminal proceeding against Gore.

Police have declined to arrest Gore, citing a lack of evidence and the woman’s refusal to cooperate with the investigation. Law enforcement creates a police report and may forward that report to the local district attorney’s office for formal filing of criminal charges. It is the D.A.’s office that makes the final determination regarding what charges, if any, to file against a defendant.

Under California Penal Code section 243.4(e)(1), any person who touches an intimate body part of another against the other’s will and for the purpose of sexual arousal or gratification is guilty of misdemeanor sexual battery, punishable by a fine of up to $2,000 and up to a six month jail term. The particular circumstances of the sexual battery may increase the severity of the punishment.

If you or someone you know has been accused of a sex crime, an experienced criminal attorney can be the difference between winning and losing your case. At Wallin & Klarich, we have been helping people accused of sex offenses for over 30 years. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.


Man Bites off Victim’s Nose in Fight Convicted of Aggravated Burglary and Aggravated Battery California Penal Code Sections 243 and 459

June 21, 2010,

KOAT recently reported that Joey Maes was convicted of one count of aggravated burglary and one count of aggravated battery for biting off a man's nose. The charges stem from an incident when Maes was asked to leave a party he had been attending. Maes returned soon after leaving, kicked in the front door of the home, ran into the kitchen, grabbed a knife and began threatening the occupants. When one man tried to take control of Maes' knife, Maes bit the end of the man's nose off. At his sentencing hearing, Maes was ordered to serve 10 years in a New Mexico State Penitentiary.

While in most states battery is a misdemeanor, aggravated battery is a felony. Aggravated battery is the act of beating and using intense force against somebody with serious consequences. It may or may not include the use of a weapon. Under California Penal Code (CPC) Section 243 (a) a battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both.

However, when a battery is committed against any person and serious bodily injury is inflicted on that person, the battery is punishable as a wobbler. This means that, depending on the circumstances of the case and your criminal history, the crime may be charged as a misdemeanor or a felony by either imprisonment in a county jail not exceeding one year or imprisonment in the state prison for two, three, or four years (See CPC Section 243 (d)). If the battery is charged as a felony because the victim suffers a great bodily injury, it will be labeled a violent felony.

Under CPC 459 there are two types of burglary. A burglary committed in someone's home is considered first-degree burglary, which is always a felony. All other types of burglary are considered to be second degree and defined as entering a building, vehicle, vessel or cargo container with the intention of either stealing property or committing a felony. Under the law, the state does not need to prove that you succeeded in your act; it must only prove your intent.

If you are found guilty of an aggravated battery or burglary, you will be subjected to a "strike" under California's Three Strikes Law. If you have a prior strike, be aware that if at anytime in your life you are convicted of a new felony, your potential sentence may be doubled by the court. It is important to consult with Wallin and Klarich, an experienced criminal defense law firm, to determine the consequences of a strike conviction.

Aggravated battery and burglary can both be prosecuted as a felony. If you or a loved one is accused of either of these felonies it is essential to retain an experienced California defense attorney at Wallin and Klarich so we can aggressively defend you from these serious charges. Our attorneys at Wallin & Klarich have over 30 years of experience taking on cases just like yours. We will look at the particular facts of your case to determine the best defense strategy available. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be here when you call.

Los Angeles County Jail Houses Epic Police Brutality

May 7, 2010,

A recent report from the American Civil Liberties Union (ACLU) alleges that jail inmates in Los Angeles County Men’s Central Jail are routinely subject to brutal beatings at the hands of jail guards and fellow inmates. The report was based on interviews with inmates, relatives, and other sources. Many are now calling for the closure of the facility after explicit details of the report emerged.

Some stories highlighted in the report include one county jail inmate who was beaten while handcuffed and had both ankles broken after being repeatedly struck by a group of deputies with their flashlights. A sex offender in the jail alleged deputies purposely placed him in the general population, and as a result, was beaten by fellow inmates to the point of passing uncontrollable bowel movements. Mary Tiedman, one of the report’s authors, stated she regularly sees prisoners with black eyes, broken bones, and boot marks on prisoners’ bodies, indicating the injuries were caused by jail guards, who are the only people in the jail permitted to wear hard shoes.

The Los Angeles County Men’s Central Jail opened in 1963 and is the largest of its kind in the United States. Allegations of excessive abuse by deputies date as far back as 1975. The ACLU has been monitoring the jail since 2006, when the organization was appointed to do so by a judge. Los Angeles County Sheriff Lee Baca also endorses the closing of the jail. The Los Angeles Board of Supervisors is said to be close to approving such a move.

If a loved one is currently serving time in this jail facility or any other jail facility in Southern California, it is important to ensure that they are not being violated by the system. Inmates should be able to be supervised in jail without beatings from officers or fellow inmates and be eligible to have their sentences reduced after considerations to time served, good behavior, and other factors.

If you or a loved one is facing time in jail or a loved one is currently serving time in jail, contact the Southern California criminal defense attorneys at Wallin and Klarich. Wallin & Klarich will help ensure your rights are protected and you will not face jail time, or have your jail time significantly reduced. For over 30 years, our attorneys have been helping clients get probation or community service in lieu of jail time. Please call us at (888) 280-6839 or visit our websites at www.wklaw.com. We will be there when you call.

Man Arrested On Suspicion of Assault and Battery After Tackling Referee – California Penal Code Section 242

April 26, 2010,

It was recently reported that a man was arrested after tackling a referee in an adult soccer game. Charles Hayne, 31, was arrested on suspicion of felony battery after he allegedly tackled a referee. Haynes was playing in a league soccer game and had been ejected from the game. The referee had ended the game with 20 minutes left after a fight broke out on the field. As the referee was recording the final score, Haynes allegedly tackled him.

Assault and Battery are two separate charges. Assault, defined under California Penal Code Section 240, takes place when you perform an act that is likely to result in the application of force to another person. There is no requirement that an assault must actually result in a violent or forceful act upon another, only that you attempted to commit such an act, and had the ability to do so.

Continue reading "Man Arrested On Suspicion of Assault and Battery After Tackling Referee – California Penal Code Section 242 " »

Lancaster Assault and Battery Defense Attorneys

April 13, 2010,

Lancaster is located in the Antelope Valley of Southern California and is ranked as ninth on a national level for its speed of expansion. With an estimated population of 145,243, Lancaster is the eighth largest city within Los Angeles County. Lancaster serves the American Dream in being home to multiple national and local companies specializing in a wide range of industry and business. However, in being a highly populated city, arrests may occur for assault or battery in which those arrested are in need of legal counsel and representation.

Since no physical contact needs to have taken place for someone to be arrested for assault, arrests for assault happen more than most residents of Lancaster may realize. California Penal code Section 240 states that an assault offense can be committed if the defendant made clear an intention to carry out some form of physical violence, battery or willful use of force on another individual. In contrast, under California Penal Code Section 242, battery may be suspected when any physical contact takes place beyond someone’s consent. In order to determine whether grounds for an arrest are valid, a person charged with assault would be well advised to contact an experienced Lancaster assault defense attorney.

At Wallin & Klarich, our skilled and aggressive Lancaster assault and battery defense lawyers have handled a wide scope of criminal cases for over 30 years. In our many years of experience helping people, we have gained unparalleled familiarity with potential defenses to assault and battery charges. Some of these possible defenses include defense of another, self-defense, inability to carry out assault or battery, lack of requisite intent to commit battery, intoxication, and consent on the part of the alleged victim. To learn more about how Wallin & Klarich can help defend your rights and assist you with your case, call 1-888-280-6839 or visit www.wklaw.com today.

Pasadena Assault and Battery Defense Lawyers

April 8, 2010,

The city of Pasadena is situated in the bustling region of Los Angeles County and is widely recognized for hosting the nationally watched Tournament of Roses parade and the annual Rose Bowl Football game. As the sixth largest city in LA County, Pasadena is home to an estimated 146,518 residents as of 2007. As a highly diverse and culturally rich area, Pasadena draws in several new residents and visitors every year to the San Gabriel Valley. Although Pasadena is known for being a safe city, in being such a heavily populated area, arrests for assault and battery offenses may occur. When such situations arise, arrested individuals may want to consult with a skilled Pasadena assault defense lawyer for legal advice and representation.

It is not uncommon for someone arrested for an assault crime to be unfamiliar with their legal rights. A person may not even know why they were taken into custody in the first place. Based on California Penal Code Section 240, an individual may be arrested for assault if he or she is suspected of having intended to commit battery, willful force on another person, or physical violence. A person does not need to make any physical contact to be charged with assault. Conversely, California Penal Code Section 242 states that a person may be arrested for battery if he or she makes unwanted physical contact without another individual’s consent. An arrest for battery may be made even if the unwanted physical contact did not cause any injury or pain to the alleged victim.

At Wallin & Klarich, our knowledgeable and aggressive Pasadena criminal defense attorneys have obtained several positive outcomes for clients accused of assault and battery crimes. We are very familiar with the potential defenses to assault and battery charges and will conduct a thorough investigation of your case. You can rely on our criminal defense team to build a strong and effective defense on your behalf. Contact Wallin & Klarich today by calling 1-888-280-6839 or visit www.wklaw.com today.

Hollywood Assault and Battery Defense Attorneys

April 6, 2010,

As one of the most well-known areas in the Los Angeles area, the city of Hollywood is home to over approximately 210,777 individuals. Situated west-northwest of Downtown LA, Hollywood is famous for its movie studios and being the historical hub of movie stars. Some of the most sought-after landmarks in Hollywood include the Shrine Auditorium, the Griffith Park Observatory, the Hollywood Bowl, Capitol Records, and the Grauman’s Chinese Theatre. With a population density of about 8,443 people per square mile, Hollywood experiences its share of arrests for assault and battery criminal offenses due to a wide variety of altercations and misunderstandings.

Being arrested for assault or battery in Hollywood can be an intimidating process, especially for individuals who do not even understand why they were arrested in the first place. Based on California Penal Code Section 240, a person can be arrested for assault if it is believed that they intended to commit physical violence, battery or willful use of force upon another individual. It is during such challenging situations that an arrested person may want to seek legal counsel and representation from an aggressive Hollywood assault defense lawyer. Under California Penal Code Section 242, a person may be charged with battery if they are suspected of carrying out any physical contact that was outside of someone else’s consent.

Due to the often highly complex legal matters that surround charges for assault and battery in Southern California, arrested individuals should get in touch with a criminal defense law firm with the experience necessary to obtain a successful outcome in any criminal case. The skilled attorneys at Wallin & Klarich have been assisting those charged with a wide range of crimes for more than 30 years. We fully understand the potential defenses to an assault or battery charge, including defense of another, self-defense, inability to carry out assault or battery, intoxication, lack of requisite intent to commit battery, or consent on the alleged victim’s part. Find out more about how the lawyers at Wallin & Klarich can help you with your case. Call 888-280-6839 or visit www.wklaw.com today.

Valencia Assault and Battery Defense Attorneys

April 2, 2010,

Valencia is a planned community that combines with three other communities to form Santa Clarita. Often used as prime filming spots for several different TV series, Valencia is also known for its network of walkways that link the whole area without crossing streets at grade. Valencia has an estimated population of 32,643 and welcomes several visitors throughout the year. In being a diverse and lively community, similar to other busy cities, arrests for assault and battery have been known to take place in Valencia.

Being arrested for assault or battery in Valencia is often an overwhelming experience. Most individuals arrested for assault do not understand why they have even been taken into custody. This is mainly due to the fact that several people are unaware that an arrest for assault can be made if a person is thought to have intended to commit physical violence, battery, or willful use of force on another individual. Conversely, under California Penal Code Section 242, physical contact must take place outside of another person’s consent in order for an arrest for battery to occur. An experienced Valencia assault defense attorney will be able to help an arrested individual understand his or her legal rights and build a strong defense on their behalf.

At Wallin & Klarich, our aggressive and knowledgeable Valencia criminal defense attorneys have been defending the rights of those accused of a wide range of criminal offenses, including those that relate to assault and battery, for over 30 years. We are very familiar with the many potential defenses to an assault or battery offense. Some of these defenses may include intoxication, self-defense, consent on the part of the alleged victim, defense of another, and lack of requisite intent to commit battery. The time to act is now. Call Wallin & Klarich at 888-280-6839 or visit www.wklaw.com for more information about how we can help you with your case.

Nine Charged after Bullying of Teenage Student Phoebe Prince Ends in Suicide

March 31, 2010,

It was recently reported that nine youths have been charged in relation to the suicide of a 15-year-old girl in Massachusetts. Phoebe Prince, who had recently moved to South Hadley, Massachusetts from Ireland, hung herself after being raped and bullied by classmates since the start of the school year in September 2009. Prince committed suicide on January 14th. Initially thought to be a case of cyber bullying, it is believed Prince was bullied on and off the campus of her high school in the presence of teachers and fellow students.

Six teenagers, four girls and two boys, face charges of statutory rape, assault, violation of civil rights resulting in injury, criminal harassment, disturbance of a school assembly, and stalking. Three younger girls are facing delinquency charges. Three of the nine teenagers, who are 17-years-old or older, will be tried as adults.

Complicating matters, the parents of two of the teenagers have spoken to the media, insisting on the innocence of their children, stating the school bullying was nothing more than the exchanging of “a couple words.” It is recommended that the accused retain an attorney immediately after charges are filed and have any statements made through the attorney.

All of the charges the teenagers are facing are very serious. Statutory rape, assault, harassment, creating a disturbance, and stalking carry serious consequences in California. Out of all the charges, California statutory rape is the most serious. California "statutory rape," defined under Penal Code Section 261.5, takes place when any person engages in sexual intercourse with a person under the age of 18 (commonly referred to as unlawful sex with a minor). Statutory rape can be charged as a misdemeanor or a felony. As a misdemeanor, statutory rape can result in up to a year in jail with fines and probation. As a felony, it can result in four years in state prison with fines and probation.

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Ontario Assault and Battery Defense Lawyers

March 30, 2010,

As a major part of the bustling area of San Bernardino County, the city of Ontario is home to approximately 171,691 individuals, as of 2000 estimates. As the main center for freight and passengers, several major freeways pass through Ontario which also has a small international airport. As a very cultural and prosperous city, Ontario also has its own ECHL hockey team, the Ontario Reign. In being such a densely populated area that receives several visitors throughout the year, arrests are made from time to time for assault or battery in which those who are accused may want to seek legal counsel and representation from an experienced Ontario criminal defense lawyer.

Contrary to what many Californians believe, a person can be arrested for an assault offense under California Penal Code Section 240 if he or she is suspected of having intended to commit battery, physical violence, or willful use of force on another individual. No actual physical contact needs to take place in order for a person to be arrested for assault in Ontario. On the other hand, California Penal Code Section 242 states that battery may be interpreted as any physical contact that takes place outside of another individual’s consent. It is in such instances that a skilled Ontario assault and battery defense attorney can be contacted to help defend the rights of an arrested individual.

The Southern California criminal defense law firm of Wallin & Klarich has been assisting those accused of many different kinds of criminal offenses for more than 30 years. We will thoroughly investigate your case to determine whether valid and effective defenses to your assault or battery charges are applicable. Some of these defenses could relate to defense of another, self-defense, inability to actually carry out assault or battery, lack of requisite intent to commit battery, consent on the part of the victim, and intoxication. Call Wallin & Klarich’s aggressive defense lawyers today at 888-280-6839 or visit www.wklaw.com for more information.

Irvine Assault and Battery Defense Lawyers

March 25, 2010,

Located in Orange County, Irvine is a highly recognized city and is home to an estimated 207,500 individuals. Irvine draws numerous visitors and new residents throughout the year due to being a friendly community that is close to beaches like Laguna and Newport. CNNMoney.com even named Irvine the fourth best place to live in the United States for its quality of schools, housing, and job opportunities. In any case, similar to other busy cities, arrests for assault and battery occur from time to time in Irvine, leaving those accused in search of a skilled Irvine assault defense attorney.

It may surprise many people that there does not need to be any physical contact in order for someone to be arrested for an assault crime. According to California Penal Code Section 240, a person only has to have intended to commit battery, physical violence or willful force on another individual to be charged with assault. On the other hand, under California Penal Code Section 242, a person may be arrested for battery if he or she acts on physical contact that takes place beyond another person’s consent. Anyone who is charged with either an assault or battery crime would be well advised to make sure that they understand their legal rights and options for defense to the full extent.

The aggressive and experienced Irvine criminal defense lawyers at Wallin & Klarich have successfully defended several individuals accused of assault and battery offenses. We understand the ins and outs of these often complex cases. Our knowledgeable legal team will investigate possible defenses to your assault or battery charge, such as defense of another, self-defense, inability to carry out assault or battery, intoxication, lack of requisite intent to commit battery, and consent of the alleged victim. To learn more about how Wallin & Klarich can help you, please call 888-280-6839 or visit www.wklaw.com today.

San Bernardino Assault and Battery Lawyers

March 23, 2010,

As one of Southern California’s largest cities, San Bernardino has an estimated population of 205,010 within its stretch of 78.5 square miles. Located in California’s Inland Empire, San Bernardino is the 18th biggest city based on population within the state. San Bernardino rests at the bottom of the San Bernardino Mountains and attracts a variety of visitors throughout the year. Similar to other busy and densely populated areas, arrests are made from time to time for assault and battery offenses in San Bernardino. When such incidents take place, arrested individuals may want to contact an experienced San Bernardino assault attorney.

Arrests for assault take place more often than many residents or visitors of San Bernardino may realize. The main reason for this is that there does not need to be any physical contact for an individual to be charged with assault. California Penal Code Section 240 states that an assault crime may take place if a person displays intention to commit battery, physical violence, or willful use of force on another person. Under California Penal Code Section 242, a person may be charged with battery if he or she makes any unwanted physical contact outside of another individual’s consent. Nevertheless, a skilled criminal defense attorney should be contacted to help an accused fully comprehend their legal rights and options for defense.

At Wallin & Klarich, our aggressive and knowledgeable San Bernardino assault and battery defense lawyers have been assisting people accused of a broad range of crimes for over 30 years. We will thoroughly investigate the charges against you and the legality of your arrest to ensure that your rights have not been violated. Our legal team is highly familiar with the several potential defenses to an assault and battery charge, some of which relate to the inability to actually carry out assault or battery, defense of another, lack of requisite intent to commit battery, self-defense, intoxication, and consent on the part of the alleged victim. Call Wallin & Klarich today or visit www.wklaw.com for more information and to learn more about how we can help defend your rights.

Huntington Beach Assault and Battery Attorneys

March 18, 2010,

Located in Orange County, California, the city of Huntington Beach is most recognized for its scenic beaches and conserved wetlands. Often referred to as “Surf City,” Huntington Beach’s approximate population amounts to 190,000 within a span of 31.6 miles. Huntington Beach attracts a diverse crowd of visitors within its already densely populated area, mostly due to the many surfing events hosted throughout the year. Similar to other busy cities, arrests are sometimes made for assault or battery in Huntington Beach in which the services of a criminal defense attorney will most likely be needed.

Arrests for assault happen more often than most residents of Huntington Beach probably realize. This is mainly because physical contact is not necessary for an individual to be arrested for an assault offense. According to California Penal Code Section 240, assault requires the defendant to have intended to commit battery, physical violence, or willful use of force on another individual. Under California Penal Code Section 242, any physical contact that takes place beyond the consent of another person may be perceived as battery. Being charged with an assault or battery crime can often be an overwhelming experience; however, knowing your legal rights and options for defense is extremely important. An experienced Huntington Beach assault defense attorney can help inform you of your rights, conduct a thorough investigation into the charges against you, and build a strong defense on your behalf.

At Wallin & Klarich, our skilled and aggressive Huntington Beach criminal defense lawyers have been assisting those accused of battery, assault, and a wide range of other crimes for more than 30 years. We will determine whether your assault or battery charge can be defended through self-defense, defense of another, incapability to establish assault or perform battery, intoxication, lack of necessary intent to commit battery, and consent on the part of the individual claiming to have been attacked or threatened. To learn more about how the qualified legal team at Wallin & Klarich can help you with your case, call 888-280-6839 today or visit www.wklaw.com.

Glendale Assault and Battery Defense Attorneys

March 16, 2010,

Spanning 30.7 square miles, Glendale ranks as the number three largest city in Los Angeles, California. Major brands like Dreamworks SKG, Nestle, and The Walt Disney Company have offices in Glendale and employ many of Glendale’s estimated 207,303 residents. Glendale offers its population and visitors a variety of shopping possibilities such as Americana at Brand, and is close to entertainment sites such as Universal Citywalk, the Hollywood area, and Old Town Pasadena. As a thriving city with a large number of inhabitants and tourists, Glendale experiences its share of arrests for assault and battery in which a skilled criminal defense attorney may be needed.

An individual who faces assault and battery charges may not be fully aware of his or her rights, thus spending time agonizing about their situation if they do not seek legal counsel. California Penal Code Section 242 says that an individual can be charged with battery for initiating physical contact with another person without that person’s permission. Penal Code Section 240 defines assault as having intent to act out physically on another person, or having plans to use violence against them. The consequences of such an assault or battery conviction can be fines and imprisonment. If you face criminal accusations such as assault and/or battery, an experienced Glendale assault defense attorney can help defend your rights and help you reach a successful outcome in your case.

The skilled Southern California criminal defense lawyers at Wallin and Klarich have 30 years of experience defending individuals who have been charged with assault and battery and a variety of other crimes. Our legal team can create an aggressive defense for your case with possible defenses including protecting another individual, inability to follow through with assault and battery, impairment by alcohol, lack of conclusive evidence to show violent intentions, and even self defense. To speak with an experienced criminal defense attorney who can prepare your case and provide proper representation, contact Wallin & Klarich today at 888-280-6839 or visit our website at www.wklaw.com for additional information.