Southern California Defense Blog

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.

How an Experienced Southern California Criminal Defense Attorney can Make Sure You or a Loved One is Competently Represented if Accused of Assault with a Deadly Weapon or Attempted Murder

A 25-year-old woman was arrested on suspicion of attempted murder after police say she stabbed her boyfriend multiple times during an argument Thursday morning at an apartment complex.

Police got a call shortly after 9 a.m. regarding a woman and a man fighting with a knife at the Rose Pointe apartments in the 1400 block of South Highland Avenue, Sgt. Andrew Goodrich said. Officers found a 34-year-old man in the pool area suffering from numerous stab wounds to his back and torso, Goodrich said. The man, whose name has not been released, was taken to UCI Medical Center in Orange in "very critical" condition, he said.

In situation like this, prosecutors could have decided one of three ways on how to charge this individual. They could have charged her with Penal 245(a) (1), assault with a deadly weapon, to wit, a knife. That carries with it 2, 3, or 4 years in state prison. They then could have added a Great Bodily Injury allegation for the wounds the boyfriend received. That could add 3 years on top of top of the 2, 3, or 4 years for the PC 245.

A second more serious charge the prosecutors could choose, and in fact did choose in this situation is to charge the woman with attempted murder. This charge carries with it a mandatory of 7 years to life in state prison. This means the minimum of 7 years must be served before parole is even considered. Even then, because of life after the 7 years, parole could be denied indefinitely. The prosecutors can also go a step further here. If they allege the attempted murder was premeditated, the sentence then becomes 15 years to life in prison.

If you or a loved one have been charged with assault with a deadly weapon, or attempted murder, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.

California Supreme Court Holds Attempted Murder May Be Found Where The Defendant Shoots At Group Of People With Intent To Kill A Person And Not Specific Victim

A recent ruling by the California Supreme Court underscores the necessity of hiring an aggressive criminal defense attorney. The Court held in People v. Stone, that a defendant could properly be convicted of attempted murder, even if the defendant did not intend to kill a specific victim. In Stone, the defendant was charged with one count of attempted murder after he shot into a group of approximately 10 people.

Attempted murder requires “the specific intent to kill and the commission of a direct but ineffectual act toward accomplishing the intended killing.” The California Supreme Court heard the Stone case after the Court of Appeal reversed the attempted murder conviction. The appellate court reversed the conviction, concluding that the evidence showed that the defendant intended to kill someone, but not specifically the person he was charged with attempting to kill.

The issue before the California Supreme Court concerned the nature of the intent to kill requirement for attempted murder, and whether the intent must be to kill a particular person, or whether a generalized intent to kill someone, but not necessarily a specific target is sufficient. The Court concluded that a defendant, who intends to kill, could be guilty of attempted murder even if the defendant has no specific target in mind. The Court reasoned, “an indiscriminate would-be killer is just as culpable as one who targets a specific person.

If you or a loved one have been charged with a serious crime like murder, it is imperative that you hire an aggressive, experienced murder and violent crimes defense attorney. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring you receive the lowest possible sentence. The attorneys at Wallin & Klarich have been helping people for over 30 years.

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