Southern California Defense Blog

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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