I am wrongfully accused of Assault with a Deadly Weapon in Riverside. How can an attorney help me get my charges dismissed? (PC 245)

March 4, 2013,

If you are wrongfully accused of assault with a deadly weapon in Riverside under Penal Code section 245(a), your first question is how to make it all go away. With over 30 years of experience in the field, let the Riverside Assault with a Deadly Weapon Defense Attorneys at Wallin & Klarich help you make sense of it all.

Assault with a deadly weapon is a “wobbler offense” meaning the prosecutor can charge it as a felony or misdemeanor. Under Penal Code section 245(a), the punishment for a felony conviction can be a state prison sentence of up to four years and a fine up to $10,000. A felony conviction can also be a “strike” under the Three-Strikes Law. A misdemeanor conviction can carry the same fine and a one year county jail term. If there was a gun involved, then the misdemeanor conviction has a minimum six months in jail.

Assault%20with%20a%20Deadly%20Weapon%20Riverside%20Defense%20Attorneys%20888-280-6839.jpg
To convict you of assault with a deadly weapon, the prosecutor has to prove the basic elements of assault and then that you either used a deadly weapon or instrument, or used force likely to produce great bodily injury. While the charges might sound pretty clear-cut, they are broader than you might think.

First, under Penal Code section 240, assault is the unlawful attempt to commit a violent injury upon another with the apparent, present ability to do so. Because it is an attempt crime, the prosecutor must prove that you intended to commit an injury upon someone.

Let’s move to the “deadly weapon” element. In some cases, you might think that the charges are improper because you did not use a “weapon.” A deadly weapon or instrument can be the obvious things, like guns and knives, but the prosecutor can actually point to any object other than your body and call it a “deadly weapon.” After 30 years of representation in Riverside, the attorneys at Wallin & Klarich know of cases where the “deadly weapon” was a beer bottle, a baseball bat or even a pencil.

Maybe there was no weapon at all. That actually does not matter either. You can be charged under section 245(a) where you used force likely to produce great bodily injury, even without a weapon. In past cases, great bodily injury has meant bruises, broken bones, and lost teeth; however, there is no standard on what injuries qualify as “great.” Rather, the prosecutor determines the charge based on the particular facts of your case.

At Wallin & Klarich we will promise to use our 30 years of experience in the field to defend you. By arguing your case, we might be able to have your case dismissed, lessen the penalties, or have the charges reduced.

We have helped many clients facing assault with a deadly weapon charges. When you call, we will first need to know everything about your background. A clean record is a great starting point for a good defense. Then we will need to know exactly what happened and if there are any witnesses. Once we know you and your story, we can begin to help you.

Self-defense is a viable defense against these charges and if we can show the prosecutor that you reasonably acted out of a legitimate fear for your physical safety, then he might dismiss the charges.

If you did not have the actual ability to injure someone that is a defense to the charge. For instance, if there was a gun involved and it was unloaded, then we can argue that you should not be convicted because you were unable to actually injure someone.

If you did not intend the assault this can also be a defense. Maybe you were in an intense argument and threw an object at a wall and when it crashed into the wall, it hurt the other person. In these cases, we can argue that an assault charges should be dropped because you did not intend to hurt anyone.

The right attorney could mean the difference between a jail sentence and your freedom. With over 30 years of experience in the field, the Assault with a Deadly Weapon Riverside Defense Attorneys at Wallin & Klarich is here to help you. Call our office today at (888) 280-6839, you do not have to deal with this alone. We will get through this together.

How can an assault with a deadly weapon attorney help me win my case? PC 245

February 25, 2013,

Under California Penal Code 245, it is unlawful to use a deadly weapon or force likely to produce great bodily injury during an unlawful attempt, coupled with a present ability, to commit a violent injury on another person.

Assault%20with%20a%20deadly%20weapon%20PC%20245%20%28877%29%204NO-JAIL.jpg

Assault with a deadly weapon is more commonly known as aggravated assault. The punishments for this crime can be severe, making it important that you contact an attorney if you have been charged with this crime.

In order to convict you under this section of the penal code, the prosecution will have to prove:

• The victim feared or expected that you were going to use force likely to produce great bodily injury or death AND
• You had the present ability to use force likely to produce great bodily injury or death AND
• You used a deadly weapon likely to produce great bodily injury or death

The prosecution must be able to prove all of the elements listed above to convict you of aggravated assault. If the prosecution cannot prove any of these elements, then you cannot be convicted under this section.

An aggravated assault defense lawyer will argue that the prosecution cannot meet all of the elements of the offense. Depending on the facts of your case, your attorney may be able to raise the following defenses:

Lack of Voluntary Act

Any evidence that shows your actions were by accident, mistake, or through carelessness may prove that you did not intend to commit the act. If you did not act voluntarily, you cannot be found guilty of assault with a deadly weapon.

Factual Impossibility

Your attorney might be able to argue that it was factually impossible for you to commit assault because you had no present ability to commit one. For example, your attorney could argue that at the time of the alleged assault, you had no ability to actually cause harm to another person because of an injury or disability.

SELF DEFENSE

If your attorney raises this defense, you are claiming that your actions are justified because you acted to protect yourself or another person from harm. This defense requires that:

• You reasonably believed that you or another person was in imminent danger of suffering bodily injury AND
• You reasonably believed that immediate force was necessary to avoid the threat AND
• The force you used to defend yourself was proportional to the threat posed

Who to Call

Wallin & Klarich has successfully defended clients accused aggravated assault for over thirty years. If you have any questions about possible defenses to aggravated assault or how they apply to your case, you need to call Wallin & Klarich at (877) 4-NO-JAIL or (877) 466-5245. We have offices in Los Angeles, Riverside, San Bernardino, Ventura and Orange County. We will be there when you call.

I’m Being Charged With Assault With A Deadly Weapon Under Penal Code 245(A) (1) In Riverside. How Can I Get My Sentence Reduced?

January 11, 2013,

Penal code 245(a) (1) is one of the most complicated crimes you can be charged with in California and requires representation by a skilled and knowledgeable California criminal defense attorney. The reason this particular crime is especially complicated will be discussed below.

Assault%20with%20a%20deadly%20weapon%20PC%20245%20a%201%20attorney%20888-280-6839.jpg

PC 245 a 1 is a “wobbler” under California law meaning it can be charged as a felony or misdemeanor. If charged as a felony, this could be considered a strike offense under the three strikes law. It can also be a non-strike offense as a felony If charged as a felony, whether as a strike or not, it carries a sentence of up to 4 years in state prison.. It can be charged as a misdemeanor as well. If charged as a misdemeanor, it cannot be a strike offense as only felonies can be strikes. Misdemeanor convictions of this offense carry a maximum sentence of up to 1 year in county jail.

Wallin & Klarich attorneys have been defending clients facing PC 245 charges for over 30 years. We know that this crime is a not a strike unless you actually assaulted somebody with an identifiable deadly weapon such as a knife or a vehicle. We know that 245(a)(1) is not strike if you assault somebody with force likely to cause great bodily injury but used no weapon and did not actually cause great bodily injury.

One of our clients was accused of felony assault with a deadly weapon in Riverside. The client was facing up to 4 years in prison and the prosecutor initially wanted the client to plead to a felony and to serve one year in county jail. Wallin & Klarich was able to show the prosecutor that they had problems with their witnesses and their evidence. As a result, the charge was reduced to a misdemeanor and the client did not serve one day in jail. Call us now at 888-280-6839 for a consultation. We have offices in San Bernardino, Riverside, Los Angeles, Ventura and Orange County. We will get through this together.

How Can I Clean Up My Penal Code 245(a)1 Conviction In Riverside?

January 10, 2013,

California PC 245 (a) 1 in California is generally known as assault with a deadly weapon and can be a misdemeanor or a felony. If you were previously convicted of Penal Code 245(a) 1 in Riverside there may be a number of legal avenues open for you to “clean up” your record.
Assault%20with%20a%20deadly%20weapon%20PC%20245%20a%201%20defense%20lawyer%20888-280-6839.jpg

The following factors will have an impact on whether you can clean up your conviction:

• Whether probation was granted
• If you were sentenced to state prison
• Whether you are still on probation
• Whether the conviction was for a misdemeanor or felony

If Probation was Granted

If probation was granted after your PC 245(a) 1 conviction, you would be eligible to expunge the conviction pursuant to Penal Code 1203.4. If granted by the judge, a 1203.4 motion will allow you to withdraw your guilty plea and have a “not guilty” plea entered in its place and to have your case dismissed. If you were sentenced to state prison, unfortunately you are not eligible to have your case expunged and you are “stuck” with the conviction. You still may be eligible for relief via a certificate of rehabilitation or a governor’s pardon.

If You are Still on Probation

If you are still on probation, you can petition the court to terminate probation early by filing a motion pursuant to penal code 1203.3. If granted, you can petition the court for an expungement. If the court denies your 1203.3 motion, you can wait until probation expires to try to expunge your case.

PC 245(a) 1 charged as a Felony or Misdemeanor

If you were convicted of a felony, you can file a motion to reduce the felony to a misdemeanor pursuant to penal code 17(b). A criminal conviction for penal code 245 can impact many aspects of a person’s life including reputation and prospects for employment. If you or a loved one is looking to clean up their criminal record, contact the experienced and knowledgeable attorneys at Wallin & Klarich at 888-280-6839. We have offices in Los Angeles, San Bernardino, Ventura, Riverside and Orange County. Call us today, we will get through this together.

What is the punishment if I am charged with assault with a deadly weapon?

January 2, 2013,

The punishment imposed if you are charged with assault with a deadly weapon depends on whether you are charged with a misdemeanor or a felony. As with most crimes, a misdemeanor assault with a deadly weapon carries a lighter punishment. If you are charged with a misdemeanor assault with a deadly weapon, you may you be sentenced up to a year in jail and required to pay a fine of up to $10,000. However, if you are charged with a felony assault with a deadly weapon, you may be required to pay a fine of $10,000 and can be sentenced up to 4 years in county jail.

Assault%20with%20a%20deadly%20weapon%20defense%20lawyer%20888-280-6839.jpg

The prosecution will look to the type of weapon used and the injuries imposed in order to determine if the charges constitute a felony or misdemeanor. The court may also look to several factors to determine if the penalties should be increased, including if you used a semi-automatic weapon, an automatic weapon, or if you have any prior felony strikes on your record.

There are several defenses available to you if you have been charged with assault with a deadly weapon. Defenses include self defense, defense of another person, the victim consented to the assault, or that you did not act voluntarily when committing the assault.

Assault with a deadly weapon is a serious offense that carries significant and serious consequences. If you or a loved one has been charged with assault with a deadly weapon it is vital that you contact a skilled and competent California criminal defense attorney. At Wallin & Klarich our attorneys have over 30 years of experience and are committed to vigorously advocating for you. Call us today at 1-888-749-0034 or visit us at www.wklaw.com for more information. We have offices in Los Angeles, San Bernardino, Riverside, Ventura and Orange Counties.

IF YOU USE YOUR VEHICLE IN ATTEMPT TO INJURE SOMEONE, YOU FACE PRISON AND LOSS OF DRIVING PRIVILEGE FOR LIFE IN CALIFORNIA (PC 245)

July 30, 2012,

Everyone has read about “road rage” incidents where drivers on the roadway become upset with each other and engage in reckless conduct. Of course we all realize that such conduct is extremely dangerous and can result in serious injury or death when the road rage incident escalates. However, people do not realize that it is highly likely that at least one of the participants engaging in “road rage” will be arrested for assault with a deadly weapon in California (Penal Code Section 245).

If the DA files criminal charges and alleges that a person used his vehicle as the “deadly weapon” in trying to injure another person, he will be facing a possible state prison sentence. In fact, if you drive your vehicle in the direction of another person or vehicle occupied by persons you can be found guilty of Penal Code Section 245 whether or not you actually injure anyone.

However, that is not the end of the “punishment” if you are found guilty of this crime, for conviction for a violation of Penal Code section 245, which includes a finding that you used a motor vehicle in the commission of the crime, will result in your driving privilege in California being revoked FOR LIFE. Yes you read that correctly-FOR LIFE. This means that you can never legally drive in California for the rest of your life. How many people in California can survive without the ability to drive a motor vehicle legally?

I would strongly suggest that the next time you feel yourself getting angry at another driver on the road because you believe they “cut you off” or “cut in front of you,” you take a deep breathe and appreciate all the good things in life. The fact that another driver was “rude” and didn’t follow the rules of safely driving should not be cause for you to retaliate. You can always contact 911 if you believe the other driver is a hazard and may injure others.

Wallin and Klarich has been helping people accused of assault with a deadly weapon charges for over 30 years. We have also helped thousands of people in California when the DMV has been trying to take their driving privilege from them. Please call the Orange County criminal defense attorneys at 888-280-6839 for immediate assistance if you are facing criminal charges for assault with a deadly weapon in Southern California.

If You Use Your Car in an Assault

May 25, 2012,

California roads and highways are frustrating places to be nowadays. Myriad drivers sit in traffic each day during their commutes to work or school. Minutes snail by, drivers honk or attempt impossible lane changes, pedestrians on the shoulder of the road pass by. Maintaining equanimity under such circumstances can be monumentally difficult. And as drivers lose patience, are late, just feel they can’t take it anymore, they sometimes make rash decisions that can cost them dearly. Road rage has a price.

Using one’s car against another can be construed as assault with a deadly weapon. An incident some years ago occurred on a Los Angeles freeway involving a big rig operator who snapped in heavy traffic, driving on ahead and plowing through the mass of cars. He was arrested for assault with a deadly weapon, and probably lost his right to drive permanently, not to mention his job.

The punishment for assault with a deadly weapon can be severe, indeed. Often individuals are sentenced to state prison and slapped with hefty fines. Even when they are released their problems are not over, either. They will find they can no longer drive in California. Ever.

California Penal Code 245 mandates that individuals who receive felony convictions for assault with a deadly weapon using a motor vehicle lose their driving privileges. The DMV by law must revoke a person’s license, and “shall not reinstate a privilege revoked under any circumstances. As such, an individual convicted of the crime will face a lifetime revocation of driving privileges.”

Such a penalty can make getting to work or school problematic. Forget taking that driving trip to Yosemite. Don’t even think of driving your daughter to her softball game or dentist appointment.

The price of a moment’s indiscretion can cost you for a lifetime. So what do you do? It certainly doesn’t appear that roads are going to become less congested. Ultimately, you need to take measures that will ensure you don’t become one of the many who can never drive again in California. Learn relaxation techniques; listen to calming music; get lots of exercise in your spare time; leave for work early or try to change your schedule.

If you are charged with assault with a deadly weapon, particularly when it pertains to the use of a vehicle, you need an aggressive criminal defense attorney in your corner that will fight to help you keep your license and your freedom. The attorneys at Wallin & Klarich have over 30 years’ experience successfully defending people like you. Call us today at 1-888-280-6839.

Ventura Man Arested After Attacking Woman with Aluminum Bat

November 8, 2011,

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.

An Assault Charge Can Result in a First Strike Offense

October 19, 2011,

The charge of assault in California- specifically Penal Code Section 245 (a) (1)- is defined as follows- assault with a deadly weapon (commonly referred to as an ADW or aggravated assault) as an assault that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another.

Now; it is a very important distinction between committing the offense with a WEAPON, or by means of force that is likely to cause great bodily injury to another. The former would constitute a “Strike Offense”; the latter would not. Here are two examples-

1. Person A leaves a bar and gets into a confrontation with Person B. Person A pulls out a knife and lunges at Person B with the knife = PC 245 (a) (1) AS A STRIKE.

2. Person A leaves a bar and gets into a confrontation with Person B. Person A attacks Person B with his fists but with great force likely to cause great bodily injury = PC 245 (a) (1) NOT AS A STRIKE

There is a way however under California law the second version listed above can become a “Strike Offense”. This happens when an assault occurs without a weapon- i.e. a fist fight or an attack- and the victim suffers “Great Bodily Injury”.

In California- this categorized under Penal Code Section 12022.7- Great bodily injury (sometimes referred to as "GBI" or "great bodily harm") is a legal term that basically means what is says..."great" bodily injury. Significant or substantial injuries- i.e. broken bones, wounds requiring stitches, wounds or injury requiring surgery, etc.

So summarizing- if a PC 245 (a) (1) occurs and the person uses a weapon while doing so- it is a Strike. If a PC 245 (a) (1) occurs and the person does not use a weapon but injures the other party significantly enough to cause “Great Bodily Injury”- it is a Strike. Of course it always possible that a PC 245 (a) (1) occurs with someone using a weapon and as a result “Great Bodily Injury” occurs; this too would be a Strike offense because it contains both triggering factors.

If you or a loved one have been charged with Penal Code Section 245 (a) (1) contact the experienced Los Angeles assault defense attorneys at Wallin & Klarich. We have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.

Ventura Man Charged with Assault With a Deadly Weapon in Freeway Shooting Incident

October 18, 2011,

Last week in Ventura County, California Highway Patrol (CHP) officers responded to a report of a possible drunk driver in the area of SR-118 and Walnut Rd, in Somis. The reporting party stated that the driver of the suspect’s vehicle was driving erratically and had apparently fired a gun from he vehicle.

CHP officers quickly located the vehicle and conducted a stop of the vehicle in the Oxnard area. Ventura County Sheriff’s deputies were also on scene to assist. The officers then arrested, Albert Rojas from Oxnard, who was identified as the driver of the vehicle for various felony charges including assault with a deadly weapon.

During the search of the vehicle, the officers found a concealed handgun, as well as a small amount of drugs. Rojas was identified by the reporting party as the suspect who fired the shot towards him as he was traveling west on SR-118 through the Somis area. No one was injured during the incident.

For the prosecutor to convict a person of this crime, the People must prove that: 1. The defendant did an act with a deadly weapon or a firearm that by its nature would directly and probably result in the application of force to a person; 2. The defendant did that act willfully; 3. When the defendant acted, he was aware of facts that would lead a reasonable person to realize that his act by its nature would directly and probably result in the application of force to someone; 4. When the defendant acted, he had the present ability to apply force likely to produce great bodily injury with a deadly weapon or with a firearm to a person; and 5. The defendant did not act in self-defense or in defense of someone else.

This is a serious felony in California and is considered a strike. Are you or a loved one facing similar charges of assault with a deadly weapon in Ventura? If so, contact the Ventura assault attorneys at Wallin & Klarich. It is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type 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.

Did you find this blog helpful? Leave us a comment and let us know.

Los Angeles Man Charged with Two Counts of Attempted Murder

September 26, 2011,

In Los Angeles this week, a 21-year-old man who is accused in the off-campus shooting of two USC students at a party a couple of weeks ago, plead not guilty in court this week. Tyson Tyree Smith is charged with two counts each of attempted murder and assault with a semiautomatic firearm
.
The two victims confronted Smith at the party in the earlier morning hours after they thought he was trying to take some personal property. Apparently, Smith shot the unidentified female in the hand and a male in the stomach. The male victim is lucky to be alive. He was released from the hospital recently. Smith, a local resident was arrested this week.

He remains in custody held on bail of a $3 million and is scheduled to be in court at the end of the month.

For the prosecutor to convict a person of this crime, the People must prove that: 1. The defendant did an act with a deadly weapon or a firearm that by its nature would directly and probably result in the application of force to a person; 2. The defendant did that act willfully; 3. When the defendant acted, he was aware of facts that would lead a reasonable person to realize that his act by its nature would directly and probably result in the application of force to someone; 4. When the defendant acted, he had the present ability to apply force likely to produce great bodily injury with a deadly weapon or with a firearm to a person; and 5. The defendant did not act in self-defense or in defense of someone else.

If you or a loved one live in the Los Angeles area and have been accused or charged with this crime, it is very important that you speak with an experienced Los Angeles criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type 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.

Student Suspected of Bringing Gun to Gardena High in Los Angeles County Charged With Assault with a Deadly Weapon

March 20, 2011,

A Gardena High School student suspected of bringing a gun to campus that discharged and wounded two students in January has been charged with assault with a deadly weapon. The 17-year-old was arrested about an hour after the incident. The gun was apparently in the boy’s backpack and was inadvertently discharged when he slammed his backpack down on his desk. The two wounded students, both 15, were taken to Harbor-UCLA Medical Center, where a girl who had been shot in the head underwent lengthy surgery. She was in critical condition with a skull fracture and brain trauma. A boy who had been shot in the neck was listed as stable; his wound was not life-threatening.

 

Assault with a deadly weapon is a serious crime in California and carries a maximum sentence of 3 years in state prison. It is also a "strike" offense which means that if convicted and sent to prison on this charge a defendant will serve 85% of their sentence as opposed to those who serve 50% of their sentences for "non-strike" felonies. In addition, if one is convicted of a "strike" offense and they pick up a new felony, the sentence will be doubled if they are sent to prison on the new charge. Here, the student charged in this case is facing two potential strike charges. If convicted of two prior strikes, a third strike carries a sentence of 25 years to life.

 

The law offices of Wallin & Klarich have been helping those accused of assault crimes for over 30 years. If you or a loved on are being accused of a crime in Southern California then don’t hesitate to contact our offices. We will be there when you call.

I’m Charged With Assault With a Deadly Weapon in San Diego – What Should I Do Next?

January 19, 2011,

Assault with a deadly weapon under California Penal Code section 245 is a very serious criminal charge. This charge can be filed as a felony or a misdemeanor, and the person may be sentenced up to four years in state prison. However, if a person commits an assault with a semiautomatic firearm, he or she may be punished by imprisonment up to nine years. Moreover, when a person commits an assault with a machinegun, the maximum prison term may be extended to twelve years.

Assault with a deadly weapon may be qualified as a "strike" under the three strike law. Strike convictions have a tremendous and potentially devastating effect because any future conduct will be punished more severely. 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 will be doubled unless the court "strikes a prior strike."

If you have been accused of assault with a deadly weapon, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-assault. We will be there when you call.

Huntington Beach Man Arrested for Assault with a Deadly Weapon After Downtown Fight – California Penal Code Section 245

July 30, 2010,

According to the OC Register, a 22-yesar old Huntington Beach man was arrested on suspicion of assault with a deadly weapon. A fight allegedly broke out in downtown Huntington Beach that resulted in a man getting stabbed in the chest. The victim’s injuries were not life threatening.

Assault with a deadly weapon is a serious crime. Under California Penal Code 245, any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for up to one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. This crime is also considered a “serious felony” and will result in the defendant having a strike on his or her criminal record under the California “Three Strikes Law.”

If you or a loved one is facing a charge of assault with a deadly weapon, it is important that you speak with an experienced assault with a deadly weapon attorney. At Wallin & Klarich, our Orange County assault with a deadly weapon attorneys have over 30 years of experience. Our attorneys will fight to keep you out of jail and defend your rights. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.

REDUCING A FELONY ASSAULT WITH A DEADLY WEAPON TO A MISDEMEANOR – CALIFORNIA PENAL CODE SECTION 245

July 23, 2010,

In criminal law, there are many charges in the various codes that are known as “wobblers”. A wobbler is a statute that can be treated both as a felony or misdemeanor. The sentence for a wobbler will indicate that the section is punishable by jail or prison. Depending on the District Attorney’s discretion, a case can be filed either as a felony or misdemeanor. The difference to the defendant, can be enormous. A conviction for certain codes sections can have a significant impact for life.

An example of a wobbler is Penal Code Section 245(a)(1) assault with a deadly weapon other than firearm or assault with force likely to produce great bodily injury on a person, which is known as felony assault. This is also known as a strike if there is a weapon that was used in the assault. However, if a car was used as the weapon of assault and the defendant get convicted of this crime, the defendant along with any other potential consequences of the crime, will also lose his or her license to drive a motor vehicle for life.

Under California Vehicle Code section 13351.5;
(a) Upon receipt of a duly certified abstract of the record of any court showing that a person has been convicted of a felony for a violation of Section 245 of the Penal Code and that a vehicle was found by the court to constitute the deadly weapon or instrument used to commit that offense, the department immediately shall revoke the privilege of that person to drive a motor vehicle.
(b) The department shall not reinstate a privilege revoked under subdivision (a) under any circumstances.
(c) Notwithstanding subdivision (b), the department shall terminate any revocation order issued under this section on or after January 1, 1995, for a misdemeanor conviction of violating Section 245 of the Penal Code.

Even if the District Attorney decides to file the case as a felony, an experienced criminal defense attorney, may make a motion under Penal Code Section 17(b), before the outcome of the case has been decided, to reduce the charges to misdemeanors. However, after a conviction, if the defendant was given probation (instead of being sent to state prison), the defendant can apply to get your felony conviction reduced to a misdemeanor. Most criminal court judges are inclined to reduce a prior felony conviction if the defendant has successfully completed probation.

If you or someone you love has been accused of a crime in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.

Potential Sentence for Conviction for Assault with a Deadly Weapon

March 29, 2010,

A Lifetime Revocation of Driving Privileges and How an Experienced Southern California Criminal Defense Attorney Can Help You Retain This Privilege - California Penal Code 245

The punishments associated with being convicted with a crime can lead to prison time, fines, probation, rehabilitation programs, and the loss of certain privileges. For many people, the most significant potential privilege to be lost is their driving privilege. Under California law, the Department of Motor Vehicles (DMV) will issue a revocation of driving privileges to a person convicted of California assault with a deadly weapon when a vehicle is used as the deadly weapon or instrument in that offense. The law holds that a felony conviction will result in a lifetime revocation of the driving privileges of the person convicted.

California Penal Code section 245 states any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury is guilty of assault with a deadly weapon.” As of 2009, the law states that if the deadly weapon used to commit the assault is a motor vehicle, the California Department of Motor Vehicles “shall not reinstate a privilege revoked under any circumstances. As such, the individual convicted of the crime will face a lifetime revocation of driving privileges.”

Continue reading "Potential Sentence for Conviction for Assault with a Deadly Weapon" »