Southern California Defense Blog

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.

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.

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.

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.

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.

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.

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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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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