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Articles Posted in Assault with Deadly Weapon

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Often, people who are charged with brandishing a deadly weapon in Ventura wonder whether or not to hire a private attorney or get the public defender. Your best option is to always hire a private attorney. For example, a private criminal defense attorney at Wallin & Klarich will treat your case with real sincerity and attention while a public defender is usually too busy to call or speak with you in person. Additionally, not only will our criminal defense lawyers be available to meet with you, but we will also provide the support and guidance that your family members and loved ones need during this difficult time. There is simply no substitute for the devotion of our attorneys at Wallin & Klarich.

In California, brandishing a deadly weapon in a rude, angry or threatening manner is a crime. Specifically, Penal Code section 417 prohibits your from drawing or exhibiting, in the presence of another person, a deadly weapon or to use a deadly weapon in a fight. Brandishing a weapon in Ventura is a serious misdemeanor crime as you can be punished by imprisonment in county jail for a minimum of 30 days.

In order to convict you of brandishing a deadly weapon or firearm in Ventura, the prosecution must prove the following:

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On June 28, 2010, the United States Supreme Court decided McDonald v. City of Chicago, a closely watched case that recognized that states cannot infringe a person’s right to own a firearm for self-defense in his home. The Court ruled that a law totally banning handgun possession in the city of Chicago was unconstitutional under the Second and Fourteenth Amendments.

The Second Amendment states that “[a] well-regulated milita, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.”

Guns rights groups such as the NRA had argued that the Second Amendment protected the individual right of a person to possess a firearm. Gun control activists maintained that the right described referred to the state militia’s right to have firearms for the purpose of defending the state against the federal government.

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NPR reported that a former emergency room doctor was convicted of six felony counts in an incident involving a car which was allegedly used as a weapon.

The news story said that the incident started when the doctor, while driving his car, got a little too close for comfort with a couple of cyclists who were apparently hogging the road. The doctor and the cyclists exchanged words, and the doctor went around the cyclists and suddenly slammed on his brakes. One of the cyclists couldn’t stop and slammed into the back of the car. The cyclist was severely injured and the doctor was arrested.

The doctor now faces up to 10 years in prison and also faces losing his driver’s license for the rest of his life because the weapon purportedly used was a car.

About Wallin & Klarich

Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.