Southern California Defense Blog

As one of the most well-known areas in the Los Angeles area, the city of Hollywood is home to over approximately 210,777 individuals. Situated west-northwest of Downtown LA, Hollywood is famous for its movie studios and being the historical hub of movie stars. Some of the most sought-after landmarks in Hollywood include the Shrine Auditorium, the Griffith Park Observatory, the Hollywood Bowl, Capitol Records, and the Grauman’s Chinese Theatre. With a population density of about 8,443 people per square mile, Hollywood experiences its share of arrests for assault and battery criminal offenses due to a wide variety of altercations and misunderstandings.

Being arrested for assault or battery in Hollywood can be an intimidating process, especially for individuals who do not even understand why they were arrested in the first place. Based on California Penal Code Section 240, a person can be arrested for assault if it is believed that they intended to commit physical violence, battery or willful use of force upon another individual. It is during such challenging situations that an arrested person may want to seek legal counsel and representation from an aggressive Hollywood assault defense lawyer. Under California Penal Code Section 242, a person may be charged with battery if they are suspected of carrying out any physical contact that was outside of someone else’s consent.

Due to the often highly complex legal matters that surround charges for assault and battery in Southern California, arrested individuals should get in touch with a criminal defense law firm with the experience necessary to obtain a successful outcome in any criminal case. The skilled attorneys at Wallin & Klarich have been assisting those charged with a wide range of crimes for more than 30 years. We fully understand the potential defenses to an assault or battery charge, including defense of another, self-defense, inability to carry out assault or battery, intoxication, lack of requisite intent to commit battery, or consent on the alleged victim’s part. Find out more about how the lawyers at Wallin & Klarich can help you with your case. Call 888-280-6839 or visit www.wklaw.com today.

It was recently reported that in Columbus, Ohio, more than $100,000 went missing after a bag of cash fell from an armored car into an intersection. Passing motorists abruptly stopped to get grab handfuls of bills. About $100,000 was picked up by police officers and $12,000 more was returned by good Samaritans after the bag hit the pavement, was run over and split open Wednesday morning. About 15 to 20 people scrambled to grab cash. Local police reported that there were $20 bills everywhere and money was money floating all over the place.

The owner of the armored car company transporting the money complained that "it's not free money" and "it's different than walking down the street and finding a $5 bill laying there. This is clearly marked, identifiable money that belongs to somebody else laying in the middle of a busy intersection with bank bags lying all over the place.” Police warned drivers that people who fail to return cash could face charges such as grand theft.

Similarly, in California, individuals who take property that is not theirs will face theft charges. Grand theft is defined in California as the taking of money, labor, or real or personal property whose value exceeds $400. If this had occurred in California, any of the drivers who stopped to take the money would be facing grand theft charges if the amount of money taken was more than $400. Punishment for grand theft includes imprisonment in a county jail not exceeding one year or in the state prison.

Continue reading "$100,000 Missing After Armored Car Spills Bag of Money and How a Criminal Defense Attorney Can Help You - California Penal Code section 487" »

Carlie Shultz, an 18 year old Spring Valley woman, was recently arrested and charged with reckless evading a peace officer. San Diego 10 News reported that a California Highway Patrol officer initially pulled Shultz over for a traffic violation when he observed her speeding on Highway 54. The patrol officer reported that she had been traveling over 120 miles per hour. Shultz, however, did not comply with the patrol officer’s request and led the officer on a high speed chase which ended on Interstate 5 when Shultz lost control of the vehicle and crashed. She walked away from the crash uninjured.

Under California Vehicle Code 2800.2(a), reckless attempts to flee from or evade a peace officer is a crime that is punishable by fines of up to $10,000 and/or imprisonment in state or county jail for up to one year. A person is deemed to have been reckless if they drove the vehicle in a willful or wanton disregard for the safety of persons or property. The punishment for this crime is likely to be more severe in situations where there is property damage, injury to another person, or extremely high speeds.

Continue reading "Have You Been Accused of Reckless Evading? - California Vehicle Code 2800.2(a)" »

Valencia is a planned community that combines with three other communities to form Santa Clarita. Often used as prime filming spots for several different TV series, Valencia is also known for its network of walkways that link the whole area without crossing streets at grade. Valencia has an estimated population of 32,643 and welcomes several visitors throughout the year. In being a diverse and lively community, similar to other busy cities, arrests for assault and battery have been known to take place in Valencia.

Being arrested for assault or battery in Valencia is often an overwhelming experience. Most individuals arrested for assault do not understand why they have even been taken into custody. This is mainly due to the fact that several people are unaware that an arrest for assault can be made if a person is thought to have intended to commit physical violence, battery, or willful use of force on another individual. Conversely, under California Penal Code Section 242, physical contact must take place outside of another person’s consent in order for an arrest for battery to occur. An experienced Valencia assault defense attorney will be able to help an arrested individual understand his or her legal rights and build a strong defense on their behalf.

At Wallin & Klarich, our aggressive and knowledgeable Valencia criminal defense attorneys have been defending the rights of those accused of a wide range of criminal offenses, including those that relate to assault and battery, for over 30 years. We are very familiar with the many potential defenses to an assault or battery offense. Some of these defenses may include intoxication, self-defense, consent on the part of the alleged victim, defense of another, and lack of requisite intent to commit battery. The time to act is now. Call Wallin & Klarich at 888-280-6839 or visit www.wklaw.com for more information about how we can help you with your case.

How an Experienced Southern California Defense Attorney Can Help You Retain Your Rights

The Los Angeles County Sheriff’s Department recently disclosed new guidelines for deputies, determining that it is often better to contain armed suspects and wait for backup rather than to chase and arrest them. The new guidelines were introduced after Sheriff Lee Baca decided to reexamine the department’s protocol for deputy-involved shootings after 16 fatal shootings by deputies were reported in 2009 compared to 9 reported in 2008.

The new guidelines are detailed in a 30-page booklet complied by a panel of senior officers convened by Baca in September 2009. The purpose was to study procedures involving foot pursuits. These guidelines are believed to be the first such policies in the country. The purpose of the recommendations is to minimize the potential for “officer-created jeopardy,” where officers unnecessarily place themselves in harm’s way.

Continue reading "Los Angeles Police Change Policy in Containing Armed Suspects" »

The California State Bar Disciplinary Panel recently upheld a judge’s recommendation to suspend former Santa Clara County prosecutor Benjamin Field from the State Bar for four years. Field appealed to the State Bar Review Department’s finding that he had withheld exculpatory evidence and committed other misconduct in four cases he had prosecuted.

He was accused of violating court orders and directives, performing incompetently, failing to obey the law, withholding evidence, misleading a judge, and committing “multiple acts involving moral turpitude, dishonesty, or corruption.”

Field appealed the decision in hopes of receiving a lenient decision. Instead, he received a suspension from the bar for four years and five years of probation. The decision was made to “protect the public and the courts” and “preserve public confidence in the legal profession and to maintain high professional standards for attorneys.”

The first accusation of misconduct against Field was made in 1995. In a sexual assault case involving a minor, Field obtained a dental examination of the defendant, disobeying a court order that resulted in the judge suppressing the evidence taken from it. On two occasions in 2003, Field intentionally withheld a witness statement that was favorable to the defense in a habeas corpus proceeding involving a sexual assault case, and he intentionally withheld a defendant’s statement favorable to co-defendants in a murder case. In both cases that year, Field was found to have committed a discovery violation. In the latter murder case, one of the charges against the defendants was dismissed due to Field’s misconduct. And in 2005, Field made an improper closing argument in a sexually violent predator case that was deemed “deceptive and reprehensible” by the court presiding over the case. As a result, the appellate court reversed the judgment committing the defendant as a sexually violent predator.

Continue reading "District Attorney Violates the Law by Violating the Legal Rights of Defendants - How an Experienced Southern California Defense Attorney Can Help Ensure Your Rights" »

It was recently reported that nine youths have been charged in relation to the suicide of a 15-year-old girl in Massachusetts. Phoebe Prince, who had recently moved to South Hadley, Massachusetts from Ireland, hung herself after being raped and bullied by classmates since the start of the school year in September 2009. Prince committed suicide on January 14th. Initially thought to be a case of cyber bullying, it is believed Prince was bullied on and off the campus of her high school in the presence of teachers and fellow students.

Six teenagers, four girls and two boys, face charges of statutory rape, assault, violation of civil rights resulting in injury, criminal harassment, disturbance of a school assembly, and stalking. Three younger girls are facing delinquency charges. Three of the nine teenagers, who are 17-years-old or older, will be tried as adults.

Complicating matters, the parents of two of the teenagers have spoken to the media, insisting on the innocence of their children, stating the school bullying was nothing more than the exchanging of “a couple words.” It is recommended that the accused retain an attorney immediately after charges are filed and have any statements made through the attorney.

All of the charges the teenagers are facing are very serious. Statutory rape, assault, harassment, creating a disturbance, and stalking carry serious consequences in California. Out of all the charges, California statutory rape is the most serious. California "statutory rape," defined under Penal Code Section 261.5, takes place when any person engages in sexual intercourse with a person under the age of 18 (commonly referred to as unlawful sex with a minor). Statutory rape can be charged as a misdemeanor or a felony. As a misdemeanor, statutory rape can result in up to a year in jail with fines and probation. As a felony, it can result in four years in state prison with fines and probation.

Continue reading "Nine Charged after Bullying of Teenage Student Phoebe Prince Ends in Suicide" »

As a major part of the bustling area of San Bernardino County, the city of Ontario is home to approximately 171,691 individuals, as of 2000 estimates. As the main center for freight and passengers, several major freeways pass through Ontario which also has a small international airport. As a very cultural and prosperous city, Ontario also has its own ECHL hockey team, the Ontario Reign. In being such a densely populated area that receives several visitors throughout the year, arrests are made from time to time for assault or battery in which those who are accused may want to seek legal counsel and representation from an experienced Ontario criminal defense lawyer.

Contrary to what many Californians believe, a person can be arrested for an assault offense under California Penal Code Section 240 if he or she is suspected of having intended to commit battery, physical violence, or willful use of force on another individual. No actual physical contact needs to take place in order for a person to be arrested for assault in Ontario. On the other hand, California Penal Code Section 242 states that battery may be interpreted as any physical contact that takes place outside of another individual’s consent. It is in such instances that a skilled Ontario assault and battery defense attorney can be contacted to help defend the rights of an arrested individual.

The Southern California criminal defense law firm of Wallin & Klarich has been assisting those accused of many different kinds of criminal offenses for more than 30 years. We will thoroughly investigate your case to determine whether valid and effective defenses to your assault or battery charges are applicable. Some of these defenses could relate to defense of another, self-defense, inability to actually carry out assault or battery, lack of requisite intent to commit battery, consent on the part of the victim, and intoxication. Call Wallin & Klarich’s aggressive defense lawyers today at 888-280-6839 or visit www.wklaw.com for more information.

It was recently reported that a Pasadena couple was charged with torture and murder in the child death of their 2-year-old son, who was found dead in the family home. Maria Pelaez, 30, and Gabriel Diaz, 33, reportedly admitted to police that they taped the limbs of 2-year-old Rene Torres to restrain and punish him. Torres died from asphyxiation. It is alleged the toddler’s death was due to his mouth being taped shut.

Pelaez is arguing that Diaz was responsible for her son’s death, as she was not aware of what Diaz did to her son the night he died. Pelaez maintains she was nothing but a loving, doting mother and it would be absolutely, completely out of character to harm her child.

Murder in California is defined in California Penal Code Section 187. Murder is committed when someone commits an act that caused the death of another person with malice aforethought. Malice aforethought is a state of mind. It requires knowledge that through an action or omission, the result will be someone’s death. Malice can be expressed or implied. It is expressed when someone shows a deliberate intention to kill someone. It can be implied when there is no considerable provocation or when the circumstances show an abandoned or malignant heart. A conviction for murder can result in life in prison.

Continue reading "Pasadena Couple Suspected in Murder and Torture in Infant Death Of 2-Year-Old Son - California Penal Code Section 187 and Section 206" »

A panel of veteran deputy officers has recommended that officers take a more conservative approach when dealing with armed suspects. This recommendation comes as a response to an increase in police shootings in Los Angeles County. Los Angeles County Sheriff Lee Baca stated that the report, “Split second decision: The dynamics of the chase in today’s society,” outlines eight scenarios, in which deputy caution and the increase use of calling for back up is heavily emphasized.

These guidelines are said to be implemented immediately into the training of the Los Angeles County deputies with the goal that they will deter deputies from using gun force. A large amount of the incidents that have resulted in gunfights have taken place during the pursuit of a suspect, as deputies often run into dangerous situations instead of calling for assistance. Although California law allows for officers to shoot fleeing suspects, additional restrictions are usually placed by police departments.

Wallin & Klarich will continue to monitor this new development in deputy training. If you have any questions or concerns on this matter or any other criminal matter, please call Wallin & Klarich today! Our Los Angeles criminal defense attorneys have over 30 years of experience in Southern California handling all types of criminal matters. Our attorneys are highly knowledgeable and will use that to give you the representation you deserve. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

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.”

Continue reading "Potential Sentence for Conviction for Assault with a Deadly Weapon" »

The California Supreme Court has overruled a 35-year-old court precedent that allowed defendants in criminal trials to assert nonmutual collateral estoppel. (People v. Sparks, Feb. 8, 2010, No. S164614.) The high court ruled that a verdict regarding one defendant has no effect on the trial of a different defendant because courts should determine the propriety of a prosecution based on that prosecution's own record, not a different record from another criminal case.

In Sparks, the defendant was charged with two felony murders. Before his case came to trial, two other persons were tried for the same murders. One was convicted of voluntary manslaughter, and the other was acquitted. Applying the doctrine of nonmutual collateral estoppel, the trial court determined that those two earlier verdicts did not allow the prosecution to try the defendant for a crime greater than voluntary manslaughter.

The Supreme Court disagreed and effectively overruled its previous decision authorizing the use of collateral estoppel in criminal cases. Nonmutual collateral estoppel provided a defendant with the benefit of a favorable verdict in a previously tried case stemming from the same facts of the defendant’s case, but involving a different person.

Continue reading "Nonmutual Collateral Estoppel Does Not Apply to Verdicts in Criminal Cases" »

According to a report by KTLA, Shaun Rothwell, 30, Shane Dearth, 29, and Thomas Nichols, 30, all of Los Angeles, were arrested in Torrance, California. The three were taken into custody after a marijuana hydroponics farm was found by police in a building located on the 17100 block of Figueroa Street in Gardena. Rothwell, Dearth, and Nichols were each charged with “marijuana cultivation, possession of marijuana for sale and theft of electricity” according to the story. The police recovered over 300 marijuana plants and 15 pounds of marijuana ready for sale.

Drug charges like the ones about can lead to serious penalties if a person is found guilty. These types of drug charges will be felonies due to the volume of drugs found and the intent to sell the drugs. A conviction can be punishable by up to 3 years in state prison.

Continue reading "Drug Charges - California Health and Safety Code 11358" »

This is the second part of a two part article explaining how bail works in California. The bail process can be intimidating because your loved one is in jail and you may not know what to do or who to turn to for proper advice. There are also several bail bond companies which can make things more confusing. This article will explain the different types of bail bonds available, and how obtaining an attorney is the first thing you should do when someone is arrested. We will now explain the three types of ways bail can be posted in California to have a loved one released from custody.

CASH BAIL

Cash bail is the easiest way to post bail. However, most people cannot afford this option. If the bail is $50,000, you can go to the local jail with $50,000 in cash or by way of cashiers check made payable to the local county, and you will be given a receipt for the funds. This cash bail will likely remain posted with the court throughout the pendency of the case. Some criminal cases can remain active for more than one year. During that time your cash is “tied up” and held by the county. If your love one fails to appear or the bail is forfeited for any reason, you can lose your $50,000. Of course you also lose any “interest” that you could be earning on the $50,000 if it was invested.

BAIL BONDSMAN

This is the most common way of posting bail. This example is based upon bail being set at $50.000. If you contact a bail bond agent directly (without first hiring a lawyer) you will pay the bondsman a statutory fee of 10% (in this example $5,000). This fee of $5,000 that you pay to the bondsman is his “fee for taking the risk” that if the accused fails to show up, then his bail bond company (or insurance company he works for) will pay the $50,000 to the court. You never get back this $5,000 fee to the bondsman, even if the accused shows up at all court hearings. In addition to the $5,000, most bail bondsman will require “collateral” from you, such as a deed to your home, or “pink slip” to your car or other property that will stand to lose if the accused fails to show up in court when required to do so. If your loved one fails to appear in court, the court will come after the bail bond company for the $50,000. The bail bonds company can then come after you for the $50,000 and can keep the property they are holding as collateral.

If you first retain a lawyer before obtaining a bail bond agent, the attorney can refer you to a reputable and experienced bondsman who will charge you only 8% vs. 10% as his fee. This is called an “attorney referred bond” and in the example above saves you $1,000 in California bail bond fees. In addition, there are many bail bond companies that do not have a very good reputation. Our law firm works with extremely skilled and qualified bail bond agents who we have known for decades and who will provide you prompt and efficient service if a bail bond is needed.

PROPERTY BOND

This is a way to post bail that is used very rarely. If a property bond is posted then you do not pay any bail bond fees because you post directly with the court the deed to your real property. The way this works, is if the bail is $50,000, you have to have a recent appraisal of your property that verifies that the equity in your property is worth at least two times the bail amount (so in this example, your property must be worth at least $100,000). The court will then have to “approve” the property bond. If the court does, then you post the property bond with the court and you do not have to pay a bondsman. However, you will have to pay an additional fee to your lawyer for putting this paperwork together. This option can save you money, but it also can take as long as two weeks to put all the paperwork together to get this accomplished. If you have questions about this and you or a loved one does have substantial equity in real property in California, this may be an option to discuss with your Los Angeles criminal defense law firm.

Continue reading "Someone I Love is in Jail: How Can I Bail Them Out of Jail? - Part 2 of 2" »

There are 3 ways in which to “post bail” in California for someone who is in jail. This article is designed to explain these options to you and provide you with how “bail works” so you can make an informed decision on making bail and helping to get a loved one out of jail as soon as possible.

In every county in California, the judges must, by law, prepare a “bail schedule” for every crime that exists in California. This bail schedule determines what the initial bail amount will be in every case. When a person is arrested by law enforcement (when the person is not arrested on a warrant) the police officer determines what crimes he or she “believes” the accused will be prosecuted for. Then he lists the crimes that the accused is being charged with and the original bail amount is set based upon the bail schedule for that crime.

A person is legally entitled for a bail amount to be set in almost every type of case in California. There are a few exceptions. If the crime is one for which the accused could face the death penalty, then no bail is permitted. There are few other exceptions. In some cases, the accused may be on felony probation and he is arrested for a felony probation violation. If this occurs, many counties in California require the accused to be placed on a “no bail hold”, meaning he cannot post bail until he appears before a judge.

The amount of bail that is originally set when a person is arrested will depend on the number of criminal charges, and whether the police officer recommends filing the case as a felony vs. a misdemeanor. Bail can range from as low as $500.00 for some minor misdemeanors to as high as $1,000,000 or more. It is important to contact a San Diego criminal defense law firm as soon as you hear that a loved one has been arrested before you make any decision on whether to post bail and if so in which manner to do so.

Why should I contact a criminal defense lawyer before doing anything else?

1. A criminal defense attorney can quickly determine how much it would cost to make bail in your loved one’s case.


2. A criminal defense attorney can explain to you all of your different options as to posting bail.


3. In some cases, a criminal defense attorney can speak to a “detention release officer” and attempt to have the bail lowered or have the accused released without the need to post bail (called release upon his own recognizance). This can save you thousands of dollars.

Continue reading "Someone I Love is in Jail: How Can I Bail Them Out of Jail? - Part 1 of 2" »

In 1990, U.S. District Judge Lawrence Irving resigned from his San Diego Bench to protest Congress’ decision to pass mandatory minimum sentencing guidelines that removed judges’ discretion to impose sentences. Irving considered his position to be his “dream job,” but found the federal mandatory sentencing guidelines “unconscionable.”

The case behind his decision to resign stemmed from an enormous drug cartel prosecution in which he deemed many of the 98 defendants to be young and only peripherally involved in the conspiracy. However, new federal guidelines would have mandated five-year prison sentences for all of the defendants. Irving did not think the mandatory federal guidelines were a fair way to determine sentencing, especially considering the different circumstances associated with every defendant in each case. His resignation ignited a series of resignations by other judges around the country who had similar concerns.

Continue reading "Former U.S. District Judge Resigned From San Diego Bench to Protest Federal Mandatory Minimum Sentencing Guidelines - How an Experienced Southern California Criminal Defense Firm Can Help You" »

Located in Orange County, Irvine is a highly recognized city and is home to an estimated 207,500 individuals. Irvine draws numerous visitors and new residents throughout the year due to being a friendly community that is close to beaches like Laguna and Newport. CNNMoney.com even named Irvine the fourth best place to live in the United States for its quality of schools, housing, and job opportunities. In any case, similar to other busy cities, arrests for assault and battery occur from time to time in Irvine, leaving those accused in search of a skilled Irvine assault defense attorney.

It may surprise many people that there does not need to be any physical contact in order for someone to be arrested for an assault crime. According to California Penal Code Section 240, a person only has to have intended to commit battery, physical violence or willful force on another individual to be charged with assault. On the other hand, under California Penal Code Section 242, a person may be arrested for battery if he or she acts on physical contact that takes place beyond another person’s consent. Anyone who is charged with either an assault or battery crime would be well advised to make sure that they understand their legal rights and options for defense to the full extent.

The aggressive and experienced Irvine criminal defense lawyers at Wallin & Klarich have successfully defended several individuals accused of assault and battery offenses. We understand the ins and outs of these often complex cases. Our knowledgeable legal team will investigate possible defenses to your assault or battery charge, such as defense of another, self-defense, inability to carry out assault or battery, intoxication, lack of requisite intent to commit battery, and consent of the alleged victim. To learn more about how Wallin & Klarich can help you, please call 888-280-6839 or visit www.wklaw.com today.

Have you been accused of domestic violence? Is it alleged that you caused injury to your current or former spouse or cohabitant? If so, you need an experienced advocate by your side, starting now. Police officers are trained to arrest the "primary aggressor" when responding to a domestic dispute. In making such a critical determination, several relevant inquiries arise.

First, who is the 911 reporting party? Who in the relationship poses the most danger to the other? Who has motive to lie or retaliate? Is either party under the influence of alcohol or drugs? As you can see, these questions do not lend themselves to an officer's snap-judgment. As such, you must seek legal counsel in an effort to provide clarity on the real and true facts and circumstances of the incident.

An experienced California domestic violence attorney understands the factors relevant to making a "primary aggressor" determination. These factors go well beyond an immediate determination and arrest based solely on relative sex, height, or weight of each party.

Continue reading "Identifying the "Primary Aggressor" in a Domestic Violence Context - Part 3 of 3 - California Penal Code 13701" »

In identifying the "primary aggressor" of a domestic violence dispute, law enforcement will consider the intent of the law to protect victims of domestic abuse from continuing abuse, any threats giving rise to fear of physical injury, the history of domestic violence between the parties involved, and whether either part was acting in self-defense.

If you have been accused of causing injury to a spouse, former spouse, or cohabitant, you will need an experienced criminal defense attorney to review the surrounding facts and circumstances. Certain injuries can be classified as defensive injuries. In addition, the following must be analyzed: The seriousness of injury alleged; the motive to lie, use of alcohol and/or drugs, and more. It is important to memorialize the incident by writing a detailed statement of facts - this will be reviewed by your Southern California defense attorney.

Continue reading "Identifying the "Primary Aggressor" in a Domestic Violence Context - Part 2 of 3 - California Penal Code 13701" »

As one of Southern California’s largest cities, San Bernardino has an estimated population of 205,010 within its stretch of 78.5 square miles. Located in California’s Inland Empire, San Bernardino is the 18th biggest city based on population within the state. San Bernardino rests at the bottom of the San Bernardino Mountains and attracts a variety of visitors throughout the year. Similar to other busy and densely populated areas, arrests are made from time to time for assault and battery offenses in San Bernardino. When such incidents take place, arrested individuals may want to contact an experienced San Bernardino assault attorney.

Arrests for assault take place more often than many residents or visitors of San Bernardino may realize. The main reason for this is that there does not need to be any physical contact for an individual to be charged with assault. California Penal Code Section 240 states that an assault crime may take place if a person displays intention to commit battery, physical violence, or willful use of force on another person. Under California Penal Code Section 242, a person may be charged with battery if he or she makes any unwanted physical contact outside of another individual’s consent. Nevertheless, a skilled criminal defense attorney should be contacted to help an accused fully comprehend their legal rights and options for defense.

At Wallin & Klarich, our aggressive and knowledgeable San Bernardino assault and battery defense lawyers have been assisting people accused of a broad range of crimes for over 30 years. We will thoroughly investigate the charges against you and the legality of your arrest to ensure that your rights have not been violated. Our legal team is highly familiar with the several potential defenses to an assault and battery charge, some of which relate to the inability to actually carry out assault or battery, defense of another, lack of requisite intent to commit battery, self-defense, intoxication, and consent on the part of the alleged victim. Call Wallin & Klarich today or visit www.wklaw.com for more information and to learn more about how we can help defend your rights.