March 11, 2010

Chula Vista Assault and Battery Defense Lawyers

The Southern California city of Chula Vista is a hub for businesses and tourists alike, and lies along the coast, stretching an estimated 51.2 square miles. Its evaluated population of 217,478 does not include the large number of travelers and tradesmen that enter the city annually in search of vacation and commerce. Like other major cities that cater to a variety of consumers and residents, situations of arrest for assault and battery can sometimes occur.

Assault and battery criminal charges can stagger the life of an individual in many ways. If convicted of assault or battery, an individual may face unfortunate consequences like fines and imprisonment. According to California Penal Code Section 242, a person can be taken into police custody for battery if he or she makes non-consensual physical contact with another person. Assault, as explained by Penal Code Section 240, is imputable when a person means to commit battery, has violent intent or wants to physically harm another. If you have been accused of such crimes, you can find out your legal rights by seeking the aid of an experienced Chula Vista battery defense attorney.

The Southern California assault and battery defense attorneys at Wallin and Klarich have three decades of experience helping Chula Vista residents who face criminal charges. Our aggressive legal defense team will protect your rights with strong defenses against assault and battery claims, such as lack of requisite intent to commit battery, intoxication, inability to follow through with assault and battery, providing defense for another person, or even self-defense. The law firm of Wallin and Klarich is prepared to answer your criminal defense questions and is immediately available to assist you with your case. Contact us today at 888-280-6839 or visit our website at www.wklaw.com for additional information.

March 9, 2010

Riverside Assault and Battery Defense Attorneys

Spanning about 98.4 square miles, Riverside, California, is the 61st largest city in America, the number 12 largest city in all of California, and the number one biggest city in the metro area of Riverside-San Bernardino. Its approximate 311,575 residents are about 60 miles east of Los Angeles, and Riverside has its own notable sites including parks (California Citrus State Historic Park), museums (Riverside Metropolitan Museum), and schools (University of California, Riverside). The Mission Inn Hotel is also in Riverside; a national treasure as the nation’s hugest Mission Revival Style structure. Similar to other thriving cities, Riverside experiences incidents of arrests for assault and battery from time to time.

Being accused of an assault or battery crime in Riverside can be an intimidating experience that often leaves an individual feeling confused and overwhelmed regarding his or her legal rights and what defenses may be available. Based on California Penal Code Section 240, a person only has to be accused of intending to commit battery, physical violence, or willful use or force on another person to be arrested for assault. Under California Penal Code Section 242, an individual may be arrested for battery if physical contact or violence occurs beyond another person’s consent. In such instances, an accused individual may find it beneficial to contact an aggressive Riverside assault defense lawyer who will help them understand their rights and provide a strong defense for their case.

At Wallin & Klarich, our experienced and skilled Riverside assault and battery defense attorneys have been assisting those charged with a broad range of crimes for more than 30 years. Our Southern California legal team is extremely familiar with potential defenses to an assault and battery charge, some of which may include self-defense, defense of another, inability to actually carry out assault or battery, lack of requisite intent to commit battery, intoxication, and even consent on the part of the alleged victim. To learn more about how the criminal defense law firm of Wallin & Klarich can help you with your case, please visit our website at www.wklaw.com or call 888-280-6839 today.

March 4, 2010

Anaheim Assault and Battery Defense Attorneys

The number ten most populated city in California, Anaheim, stretches 50.5 miles to cover most of Orange County. Its estimated 348,467 residents share their city with a steady file of professionals and vacationers who come to conference, share business and see Anaheim’s well-known theme parks Disney California Adventure and Disneyland. The Anaheim Convention Center is another Anaheim staple, hosting leisure and sports events that draw families and friends seeking entertainment. As a favored tourist spot and friendly place to live, sometimes Anaheim residents do not want to admit instances of conflict and heated debate that may result in assault and battery charges.

Assault and battery charges in Anaheim may arise from an initially simple interaction. For instance, two or more parties can begin an argument about any subject, whether the situation is as small as an argument at a convenience store or a shouting match built from a larger scale fender bender. Sometimes the matter at hand can trigger a person’s negative emotions to provoke intense physical response or verbal backlash. According to Section 242 of the California Penal code, battery is defined as non-consensual physical contact, and is a criminal offense. However, section 240 of the Code says that a person does not have to follow through with their intent to commit battery in order to be accused of assault. If you have been charged with assault or arrested for battery, you may be left wondering how the law defines your legal rights and how you can better understand any unfortunate accusations set against you.

The Anaheim battery defense attorneys at Wallin and Klarich have over 30 years of experience tackling assault and battery cases, and also have defended many who face various other criminal offenses. The experienced group of Southern California lawyers is committed to helping you create a solid defense for your case so that your trial can have a positive conclusion. Defenses such as looking out for another person’s well-being, intoxication, physical inability to carry out attack, or even self-defense can be used to successfully explain your case. To reach one of the aggressive and confident lawyers at Wallin & Klarich who can aid you through your trial and translate your legal rights, visit www.wklaw.com, or call 888-280-6839 today.

March 2, 2010

Santa Ana Assault and Battery Defense Attorneys

The Southern California city of Santa Ana is a largely populated metropolitan area located in Orange County. Its corresponding river of the same name, the Santa Ana River, is one of the many natural occurrences in the Los Angeles landscape that claims the Santa Ana title, including Santa Ana Mountains, Santa Winds, Santa Ana Watershed, and Santa Ana Freeway—an interstate used by many of Santa Ana’s estimated population of over 13 million for commute and major travel. Its large population has gained the city honor in lists such as a U.S. Census Bureau record of second biggest national metropolitan city and the number four most heavily packed with only New York City, San Francisco, and Chicago above in population. With the large tally of residents, as well as the many tourists and business travelers that come to Santa Ana, many of its people are unaware of the unfortunate conflicts that can occur, such as arrests for assault, or battery offenses.

Simple arguments occur daily; however, in many instances, an argument may escalate into a major altercation resulting in assault and/or battery. Section 240 of the California Penal Code states that a conflict between multiple parties does not have to become physically harmful or emotional detrimental for a participant to charge another with assault. At the very least, the intent to commit battery, or physical contact, is enough to charge anyone involved in the conflict with assault. California Penal Code Section 242 says that battery may be considered touch without consent. Despite what may appear to be a simple definition of battery, it is very common for those arrested for a battery crime to not be aware of the specific laws behind their charges or their legal rights in the situation. A skilled Santa Ana assault and battery defense attorney is able to properly define the law in such cases, and can provide answers and clear alternative explanations to defend an accused individual.

If you or a loved one has been accused of assault or charged with battery, the experienced Southern California criminal defense attorneys at Wallin and Klarich have the knowledge and skills to help you with your case. Wallin and Klarich’s aggressive Santa Ana lawyers have been assisting those in need of assault and battery defense for over 30 years, and also have a thorough background in defending a wide range of criminal cases. Those charged with assault or battery may benefit from a number of defenses such as intoxication, self-defense, unable to act on a plan of harm, or even coming to the defense of another. For more information regarding how Wallin and Klarich can help you with your trial by creating a strong defense on your behalf, please call 888-280-6839 today or visit www.wklaw.com.

February 25, 2010

Long Beach Assault and Battery Criminal Defense Lawyers

The Southern California city of Long Beach spans an estimated 20 miles along the Pacific Coast of the Los Angeles row and welcomes an approximate population of 492,692. As the second biggest city in the LA metro area, Long Beach is one of the world’s largest shipping ports and is frequently considered for its transport services in catering to passengers traveling to and from the city’s surrounding counties. The aerospace industry also thrives in Long Beach, along with major businesses that develop communications and transport technology. Similar to other large cities with a high volume of travel and commerce, arrests are sometimes made in Long Beach for assault which can include battery charges.

Assault and battery charges are commonly linked and may seem to occur out of nowhere. For instance, a minor argument can suddenly grow to be a threatening situation or an accident between multiple parties may trigger a physical or emotional response that can result in serious assault. According to California Penal Code Section 240, an altercation does not have to spiral totally out of control to be considered assault. The person only has to have intent to commit battery, or forceful hands-on interaction, and Penal Code Section 242 calls battery non-consensual contact. Many times, individuals charged with assault and battery need help translating his or her legal rights due to not being aware of the specific laws surrounding the charges. In such cases, an experienced Long Beach assault defense lawyer can examine and defend the situation in question and lead the trial to a positive outcome.

The Long Beach criminal defense attorneys at Wallin and Klarich have over 30 years of experience defending assault and battery cases, as well as a strong background in handling a variety of criminal offenses. Wallin and Klarich is available to provide you with accurate information regarding your dilemma. If you have been charged with battery or accused of assault, there may be unconsidered factors that could turn the case in your favor such as inability to carry out the attack, defending someone else, or even self-defense. For more information on how the aggressive lawyers at Wallin & Klarich can help you with your case by creating a strong defense, please call 888-280-6839 or visit www.wklaw.com today.

February 23, 2010

San Diego Assault and Battery Criminal Defense Lawyers

The city of San Diego is situated along the Pacific Ocean in the Southwest part of California. Known for its record size naval fleet, the 372.1 square mile city attracts tourist and business class alike, nationally ranking San Diego as the eighth biggest city in population. Recreational parks Sea World and the San Diego Zoo help support economic growth alongside manufacturing company Qualcomm Incorporated. With so many residents and potential city-dwellers traveling throughout San Diego, arrests are sometimes made for assault which can include battery charges. It is in such instances that an arrested individual may benefit from getting in contact with an experienced San Diego assault defense lawyer.

Charges for assault and battery are usually tied together and happen in San Diego more often than some residents are aware. An argument may escalate or an accident can occur, putting the involved parties on emotional defense which can provoke physical response. Unfortunately, assault, as defined by California Penal Code Section 240, only requires the person to have desired to commit battery, or deliberate physical force on another person. Section 242 says that battery is merely physical contact without consent. In the event of an arrest for battery or assault, you may be left to question your legal rights pertaining to the matter and what course of action may be taken to defend those rights.

The experienced Southern California criminal defense attorneys at Wallin and Klarich are prepared to answer any questions that you may have regarding the assault and/or battery charges being held against you. Our team of San Diego lawyers has been aiding people accused of assault and battery as well as a wide range of criminal offenses for over 30 years. If you have been accused of assault or charged with battery, the confident and aggressive lawyers at Wallin & Klarich will build a strong defense on your behalf to help you reach a positive outcome in your case. Your trial can be successful with one of the many defenses to an assault or battery charge, such as lack of ability to follow through with the assault, defending a disabled party, under the influence, and self-defense. For more information on how the attorneys at Wallin & Klarich can help you with your case, please call 888-280-6839 or visit www.wklaw.com today.

February 18, 2010

Los Angeles Assault and Battery Criminal Defense Attorney

Los Angeles is the largest city in California and the second largest in the U.S. Over 3.8 million residents call Los Angeles home within its stretch of 498.3 square miles. As a major section of one of the most populated and most diverse counties (Los Angeles County) in the United States, the city of Los Angeles was named the world’s eighth most economically powerful city by Forbes.com in 2008. In such a densely populated area, arrests are sometimes made for assault and battery in which accused individuals may want to consider speaking with a skilled Los Angeles criminal defense attorney.

Assault arrests occur more than most Angelinos realize. This is mainly due to the fact that there does not need to be any physical contact for a person to be arrested for assault. Under California Penal Code Section 240, an assault only requires the defendant to have intended to commit battery, or physical violence or willful use of force on another person. Based on California Penal Code Section 242, any physical contact that occurs outside of another person’s consent can be interpreted as battery. However, a skilled Los Angeles assault defense attorney will defend your rights as an accused individual by conducting a thorough investigation into the charges being held against you and the legal grounds of your arrest.

At Wallin & Klarich, our experienced and aggressive Los Angeles assault and battery defense lawyers have been helping people accused of a wide range of criminal offenses for over 30 years. We are highly familiar with the many possible defenses to an assault and battery charge, some of which may include self-defense, defense of another, inability to actually carry out assault or battery, lack of requisite intent to commit battery, intoxication, and even consent on the part of the alleged victim. For more information regarding how the attorneys at Wallin & Klarich can assist you with your case, please call 888-280-6839 or visit www.wklaw.com today.

February 18, 2010

I am Accused of Battery on my Spouse - What Should I Do? - California Penal Code Section 243

If you have been charged with battery on a spouse under California Penal Code Section 243, you should immediately contact an experienced criminal defense attorney. An experienced criminal defense attorney will know how to examine all the circumstances surrounding your case to secure the most favorable result. Under Penal Code Section 243, battery is any willful and unlawful touching in a harmful or offensive manner upon a spouse, a cohabitant, or any person in which the defendant has been dating.

There are many possible defenses to the charge of battery on a spouse. Self-defense can be used as a defense if the defendant was protecting himself or herself. Also, it is not battery on a spouse if the spouse consented to the harmful or offensive touching.

If you are facing a domestic violence charge, it is critical that you talk to a California criminal defense attorney about the possible defenses. A conviction of battery on a spouse is a misdemeanor and can be punishable by up to one year in county jail and two thousand dollars ($2,000) in fines. If probation is granted, the defendant will be required to enroll in and complete a batterer’s treatment program. The conditions of probation may also include, in lieu of a fine, that the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollar ($5,000), or that the defendant reimburse the victim the reasonable costs of counseling, or both.

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February 15, 2010

The Federal Government Has Charged Four Police Officers with Covering up Racially Motivated Deadly Beating of a Mexican Immigrant

The federal government has accused four police officers in orchestrating a cover-up in a deadly beating of a Mexican immigrant by two popular high school football players. The two youths had been charged with a hate crime because during the beating they made racially motivated comments. The U.S. Attorney’s Office has charged the four police officers, including a police chief, with witness and evidence tempering, conspiring to obstruct justice, and lying to the FBI.

An all-white jury acquitted one of the high school football players of a third-degree murder and ethnic intimidation, and another defendant was acquitted of aggravated assault. However, the jury convicted both of the defendants of simple assault and sentenced them to terms of six to twenty-three months.

The case exemplifies an increasing polarization of society on the issue of immigration and racial bias. The incident started when high school football players encountered the victim with his girlfriend in a city park. The argument brokeout when the parties exchanged racially motivated comments. Then a fight started and the victim received a fatal head injury while exchanging punches with the defendants. The victim was in the United States illegally working at various low paid jobs.

The federal prosecution is not precluded from seeking convictions of defendants sentenced by state or local authorities because federal and state governments are considered “sovereigns.” The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution does not preclude multiple convictions in different sovereigns based on the same criminal act. (Heath v. Alabama (1985) 474 U.S. 82). Therefore, a prior state prosecution does not bar a federal prosecution of the same person for the same crime. (Abbate v. United States (1959) 359 U.S. 187). However, a state statute may bar prosecution in state court for similar crimes based on the same transaction for which the defendant was convicted or acquitted in another jurisdiction, including federal court.

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February 8, 2010

I am Accused of Criminal Battery - What Should I Do Next? - California Penal Code Section 242

Anyone who has been charged with battery, under California Penal Code section 242, should be prepared to retain an experienced criminal defense law firm to represent him or her in court. An experienced criminal defense attorney will know how to examine all the circumstances surrounding a criminal battery case to secure the most favorable disposition of this criminal matter for the client.

Battery is commonly defined as willful use of force or violence directed at another person. Any physical touching can be considered a battery as long as a victim does not consent to it, or if he or she feels that the touching was offensive. You need to know that assault and battery, although commonly mistaken as having similar meanings, are actually two distinct criminal charges.

While battery requires a physical contact to be either harmful or offensive, assault is just an attempt to injure another person and bring about this offensive or harmful touching. For example, swinging a baseball bat at another person will be an assault as long as that person reasonably believes that you are just about to hit them. However, once the bat lands on any part of the victim’s body, a crime of assault turns into a crime of battery.

Defenses are available to a battery charge. The most common defense to the crime of battery is self-defense or defense of others. The key to both of these battery charge defenses in California is to show that a person reasonably believed that he or she was in imminent danger of suffering bodily injury, and the force used was reasonably necessary to defend against such danger.

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February 5, 2010

I am Accused of Criminal Assault - What should I Do? - California Penal Code 240

California Penal Code Section 240 defines an assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. In other words, it is some type of action that attempts to physically injure someone.

You will often hear the defendant was charged with “assault & battery.” This means that the defendant is charged with two crimes. Assault is different from battery. Assault actually does not need to cause an injury or any physical contact. Assault is just the attempt to cause the injury. Therefore, even if no one gets hurt, you can still be charged with this crime.

For example, a person might be at a bar and he might take a swing at someone. The person dodges the punch. The person who took the swing can still be properly charged with criminal assault.

Now, picture the same scenario above, but the person actually swung a baseball bat at the person and still missed. The person will likely be charged with criminal assault with a deadly weapon under Penal Code Section 245, which can be a serious felony. This can happen even though the accused did not actually strike the alleged victim.

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January 29, 2010

What the Prosecution Must Prove to Charge and Convict Someone of Carjacking - Penal Code Section 215

The crime of carjacking comes under the broad scope of California theft-related offenses. To be found guilty of carjacking in California, the defendant must have taken a motor vehicle from the custody of another person by force, violence, or assault.

For the prosecution to meet its burden for a carjacking conviction, it must be proven, beyond a reasonable doubt, that the taking of the motor vehicle was done with the intent to temporarily or permanently deprive the true owner of their right to use or possess the motor vehicle. As you can see, several complex elements must be met and proven to support allegations of carjacking.

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December 31, 2009

Charlie Sheen is Accused of Assault: What this Means and How an Experienced Criminal Defense Attorney Can Help Him Avoid Jail

On December 29, 2009, CNN reported that Charlie Sheen’s Wife, Brooke Mueller, has accused Mr. Sheen of threatening to have her killed. CNN reports that Mueller alleges Sheen said, "I have ex-police I can hire who know how to get the job done, and they won't leave any trace," as he held her down with a knife.

Sheen was arrested on Christmas Day and is being charged with assault, menacing with a deadly weapon and criminal mischief. He posted $8,500 bond and was released.

To be convicted of assault under California Penal Code section 240, the prosecuting agency must prove (1) that you "willfully" acted in a way that would likely result in physical contact with another, (2) that you were aware that your "act" would likely result in that physical contact, and (3) that when you "willfully acted" you had the ability to follow through with the act that would cause that contact. It is important to note that "physical contact" means any touch, no matter how slight, if the touch is done in an angry, harmful or even offensive manner.

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December 14, 2009

What You Need to Know if You Are Facing a Domestic Violence Charge

The language in recent case decisions indicates that courts recognize the danger inherent in domestic violence situations. The volatility of situations involving domestic violence make them particularly well suited for an application of the emergency circumstances doctrine, where law enforcement can enter your home without a warrant given that an emergency is taking place.

When officers respond to a 911 domestic abuse call, a judgment call may be required when making a determination of whether law enforcement is permitted to enter a residence. There is language in a recent court case suggesting the need for courts to respect the judgment of officers who feel they must enter a residence in a domestic violence situation.

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December 7, 2009

Domestic Violence - Exigent Circumstances May Justify An Officer's Warrantless Entry Into Your Residence (Part 2)

In the context of an officer's warrantless entry into your residence, the most important issue is objective reasonableness. Whether, under the circumstances of your case, the officer's warrantless entry into your residence was objectively reasonable. If so, the "exigent circumstances" expection to the general warrant requirement may apply to justify the entry.

A common issue in domestic violence cases is whether the officer responding to the scene should have secured a warrant before entering the residence. The police and prosecution will argue that any delay to obtain a warrant would have posed a safety risk to the alleged victim. On the other hand, defense counsel may have facts which go to show that abandoning the scene to obtain a warrant was unlikely to expose the alleged victim to further harm.

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December 6, 2009

Domestic Violence - Officer's Presence At One's Residence (Part 1)

Several cases have involved situations wherein officers go to a residence in response to a report of domestic violence being committed. Generally, if an obviously battered victim is present and the batterer is still within the residence, the officer may enter the residence to arrest the batterer. This was expressed in the case of People v. Frye (1998) 18 Cal.4th 894.

The issue is whether, in light of the facts known to the officer at the time, the officer could have reasonably concluded that immediate action was necessary. An attorney may be able to argue that had the officer left the scene to obtain a warrant, there was not a significant risk of additional harm. Such an argument is fact-intensive and requires review and analysis by an experienced California domestic violence defense attorney.

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November 9, 2009

Criminal Defendant Wanted a Jury Instruction But Failed to Set Up the Proper Defense

In May of 2009, in the County of Riverside, Michael Houston Chaffin was convicted of committing domestic battery. At his trial, the defendant argued that the trial court erred by refusing to instruct the jury on his affirmative defense. Meaning, the defendant argued that the judge made a mistake when he or she failed to instruct the jury “on the right of a landowner to use reasonable force to eject a trespasser.” The California Court of Appeal affirmed the lower court’s decision basing their decision on the facts presented at his trial.

The law requires trial courts to instruct on particular defense if it appears that the defendant was relying on that defense or there exists substantial evidence to support this defense. CALCRIM No. 3475 grants a landowner or lawful occupant of property the right to “use reasonable force to eject a trespasser.” Because in this particular case, the defendant never viewed the victim as a trespasser and the victim testified that she was “attempting to leave the property,” the instruction was not given.

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October 18, 2009

Conviction for Assault is Reversed Where the Judge Denied Defense Counsel's Motion for Separate Trials

In People v. Earle, the trial court denied the defendant’s motion for separate trials. 172 Cal.App.4th 372 (2009). The defendant was charged with one count of misdemeanor indecent exposure and another count of felony assault in California. These counts occurred on different days, in different locations and with different victims.

The defendant conceded that evidence against him for the indecent exposure count was strong but was forced to go to trial because he did not commit the felony assault he was charged with.

The court reversed the conviction for the assault count because the trial court abused its discretion by denying the motion for separate trials and permitted the prosecution to place the strongly incriminating evidence of the misdemeanor charge of indecent exposure before the same jury deciding the much more difficult felony assault charge. The jurors’ exposure to evidence resulted in gross unfairness and thus the court reversed the conviction.

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August 26, 2009

Chris Brown Setenced For Rhianna Assault - Avoids Jail Time

CHRIS BROWN AVOIDS JAIL TIME DUE TO HIS WISE DECISION TO HIRE AN EXPERIENCED CRIMINAL DEFENSE LAWYER WHO KNEW ABOUT ALTERNATIVES TO JAIL TIME

Singer and R&B star Chris Brown was sentenced yesterday for his February assault on his former girlfriend, pop star Rihanna. Los Angeles Superior Court Judge Patricia Schnegg sentenced Brown to 5 years probation and 6 months of community labor. In addition to the probation and community labor, Brown is prohibited from going within 100 yards of Rihanna for 5 years.

The sentence was handed down after Judge Schnegg considered a probation report that noted two prior incidents of violence. Though these incidents were not reported to the police, they were still considered in aggravation of the Los Angeles assault.

When you or a loved one are facing the possibility of serving jail time in county jail or state prison the most important thing you can do is retain a highly skilled California criminal defense law firm that knows all of the “alternatives” to jail time that exist in your court. At Wallin and Klarich we have lawyers that concentrate on handling cases for our clients in specific courts. This allows our lawyers to know every alternative that exists to avoid our clients from doing time in jail or going to prison.

When you are deciding what law firm to hire, give serious thought to the ten tips below that will help you select the proper legal representation in your case. The final decision as to whom you should hire to help you or your loved one is who you believe has:

  1. The experience to handle your type of case

  2. The experience to handle your case in the exact courthouse where your case is pending

  3. Many criminal defense attorneys working together as a team on your case

  4. A law firm that was there to answer your phone call when you first called for help

  5. A law firm that allows you to communicate with them via email on a regular basis

  6. A law firm that wants you to tell them about your defenses and your personal history so they can be ready to defend you

  7. An “AV RATING” by Martindale Hubbell

  8. A law firm that provides you with “testimonials” from prior clients who were very happy with the services they received

  9. A law firm that will be honest with you and tell you the truth about your case so there are no surprises

  10. A law firm that will charge you a reasonable fee considering all of the facts of your case

Wallin and Klarich has years of experience in advocating for alternative sentencing. We have many skilled attorneys who know many alternatives to serving jail time. Their perseverance and competence in similar actions has lead to equal due justice. Our attorneys can be contacted by phone or through our website. Call 1-888-280-6839, or visit our website, www.wklaw.com for more information.

July 18, 2009

California Domestic Violence: What You Need to Know Part 2

Why You Need a Skilled Criminal Defense Attorney

In a previous article, California Penal Code § 243(e)(1), or “simple domestic battery,” was discussed as one of the ways in which a person can be prosecuted for domestic violence in California. There are three ways someone can be prosecuted for domestic violence under California’s domestic violence laws and this article explains the remaining factors.

California Penal Code § 273.5, or “willful infliction of corporal injury”, is a more serious offense, in that it requires the accuser to at least suffer some type of injury. The accuser must sustain a “traumatic condition,” which can actually be as insignificant as a red-mark or scratch. Here, unlike in Penal Code § 243(e)(1), your “fiancé/fiancée” and “people you are or were dating” do not qualify as “intimate partners.” Although this section can be filed as either a misdemeanor or a felony, it would typically only be filed over the Penal Code § 243(e)(1) mentioned above if prosecutors were pursuing the felony allegation.

California Penal Code § 243(d), or “aggravated battery,” is the felony catchall for domestic battery offenses. This section, too, can be filed as either a misdemeanor or a felony, but would typically only be used in a spousal abuse situation if there was a “serious bodily injury” rising to felony level, and the accuser didn’t meet the definition of “intimate partner” in Penal Code § 273.5 above.

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