Southern California Defense Blog

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.

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.

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.

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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
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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.

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.

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.

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.

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.

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.”

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