Southern California Defense Blog

According to the California Department of Justice, robbery is considered a “violent crime.” The Department of Justice describes the following as “violent crimes:”

- Murder
- Assault
- Rape
- Robbery

In addition, California Penal Code section 667.5 defines robbery as a “violent felony.” In California, if you are charged with a violent crime like robbery, you can be subject to even greater consequences and punishments as a result of the violent nature of the crime. It is important that you contact an experienced Riverside violent crimes attorney immediately if you are facing charges for robbery or any other violent crime.

Robbery Sentence

According to California Penal Code section 211, robbery is the “felonious taking of personal property in possession of another, from his or her immediate presence, and against his will, accomplished by means of force or fear.” In other words, you can be convicted of robbery if you took something from another by means of assault or force.

Under California Penal Code section 213, you can be charged with robbery of the first degree or robbery of the second degree. If you are convicted of robbery in the first degree, which generally means you entered the home or dwelling of another or robbed someone while he or she was operating a vehicle, you face a sentence of three, six or nine years in the state prison. If you are convicted of second degree robbery, which includes all robberies that are not described as first degree robbery, you will face a sentence in the state prison of two, three or five years.

Violent Crime Enhancements

A robbery conviction will also result in a strike against you. This is true for any conviction for a violent crime in California. Under California’s Three Strikes law, if you are convicted of three violent crimes, resulting in three strikes on your record, the sentence for your final conviction can be enhanced to 25 years to life in the state prison. This means you could serve a sentence of 25 years to life even if that was not the sentence that should be enforced for the crime you committed.

Even further, if you are convicted of robbery, or any other violent felony listed under California Penal Code section 667.5, you will only be eligible for 15 percent of work time credit during you prison sentence. (See California Penal Code section 2933.1). This means that you must serve at least 85% of your sentence if you are convicted of robbery or any other violent felony, no matter if you have shown good behavior. This is not true for other non-violent crimes, which allow you to gain a higher percentage of work-time credit while you are imprisoned.

Call Wallin & Klarich Today

If you or a loved one is facing charges for robbery or any other violent crime in California, you should contact a Riverside violent crimes defense attorney immediately. The attorneys at Wallin & Klarich can explain to you which violent crime sentencing enhancements apply to your case. Wallin & Klarich has over 30 years of experience successfully defending clients who have been charged with violent crimes. Wallin & Klarich will assist you through every step of the legal process and help you present the best possible defense in your case. Call Wallin & Klarich today at (888) 280-6839. We will get through this together.

The Department of Justice considers four types of crimes to be violent crimes. These crimes are:

• Murder
• Aggravated assault
• Rape
• Robbery

If you have been charged with committing a violent crime, you need to contact an attorney immediately.

Sentence Enhancements for Violent Crimes

Sentences for violent crimes can be severe and it is important for you to be aware of your legal rights. Sometimes, the court can enhance your punishment if you are convicted of a violent crime.

The court will typically enhance sentences for crimes related to gang activity, firearms, or great bodily injury. Examples of sentencing enhancements can include:
• If the victim suffers substantial bodily injury, you could face an additional three to six years in prison.
• If the crime was done to help or benefit a gang, your sentence will be enhanced automatically by an additional 15 years to life in prison.
• If you used a gun to commit a crime, you could face an additional ten years in prison.
• If you fired a gun during the commission of a crime, you could face an additional twenty years in prison.
• If you killed or injured someone with a gun, your sentence could be enhanced by an additional 25 years to life in prison.

Three Strikes Law Sentencing Enhancements

California also has a three strikes law. This sentencing structure imposes additional sentences on individuals who have been convicted of prior felonies.

The most serious sentence enhancement is an additional 25 years to life in prison for individuals who are convicted of three felonies for violent crimes. Your sentence can only be enhanced to the 25 to life sentence if all three of your felony convictions were for violent felonies.

Even when all three strikes are for non-violent crimes, there are some instances where the court can enhance your sentence by an additional 25 years to life in prison.

These punishments are severe and can negatively impact your life. If you or a loved one has been charged with a violent crime, it is imperative that you contact an attorney who will vigorously defend you in court.

For over thirty years, Wallin & Klarich has successfully represented clients charged with violent crimes. We understand that this is a very scary time for you and your family.

It’s time to protect your legal rights. You don’t want to spend the rest of your life in prison. Call Wallin & Klarich today at (888) 280-6839 to speak with one of our highly trained California criminal defense attorneys. We will be there when you call.

41 year-old Mark Anthony Stroman sits on death row after he went on a murderous crime spree he says was motivated by “patriotism”. Stroman says he was at home watching the attacks that took place on September 11, 2001. After witnessing the attacks, Stroman decided to seek vengeance on those he believed were of middle eastern decent. The Texas inmate killed two men, and seriously wounded another before being arrested.

In California, murder is codified under California Penal Code Section 187. The penal code defines murder as causing the death of another person, or fetus, with malice aforethought. The term “malice aforethought” refers to the murderer’s mental state or intent that must be formed before the act can constitute murder.

What are the punishments for murder in California?

A conviction of first-degree murder is punishable by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. A conviction for second degree murder is normally punishable by imprisonment in state prison for a term of 15 years to life. The circumstances surround the murder will determine whether it will be charged as a first-degree and second-degree murder

The fact that a crime such as murder was fueled by hate, that hate crime can be treated as an enhancement for purposes of sentencing and punishment. A defendant that has a hate crime enhancement attached to their underlying crime, is likely to face a more sever punishment.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced criminal defense firm. 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 www.wklaw.com for more information.

A 10-year-old Riverside boy was charged for murder in Riverside on May 4, 2011 in the slaying of his father, Jeff Hall, a neo-Nazi leader. Hall was the leader of the Southwest chapter of the National Socialist Movement, a neo-Nazi organization, which has held rallies in Riverside and on the U.S.-Mexico border. The boy is charged with intentionally shooting Hall inside his Riverside home. He also was charged with an enhancement for using a gun in the commission of the killing.
During his appearance in Riverside Juvenile Court the shaggy, blond-haired boy sat at an attorney's table in shackles, wearing an orange Juvenile Hall uniform. The small, skinny, baby-faced boy was slouched in a chair, dwarfed by his attorney. If found guilty of the charges, the boy could remain in juvenile hall until he is 18, or in another youth detention facility until he is 25. Authorities have not said what prompted the shooting, but court records show the boy previously had lashed out violently at home and in school. His public defender told the judge that the defense was weighing several possible pleas, including not guilty by reason of insanity. The prosecutor in the case indicated that it is extremely rare to charge such a young child with murder.
The boy’s biological mother, Leticia Neal, said that she was considering hiring a private attorney to take over the case form the public defender’s office. Juvenile Criminal law in California is very different in many ways from adult criminal law. If your child is facing criminal charges in California it is important to hire a law firm that is familiar with the unique procedures in juvenile criminal court. Nothing is more important than the safety and freedom of your child. Please don’t hesitate to contact the experienced and aggressive juvenile criminal attorneys at the law firm of Wallin & Klarich. We’ll be there when you call.

A task force made up of local and federal law enforcement agencies is actively pursuing leads into the 1997 slaying of hip hop artist Christopher Wallace, better known as Biggie Smalls or Notorious B.I.G., according to sources familiar with the investigation. According to one law enforcement source, the investigation into the 13-year-old unsolved case was "reinvigorated" months ago as a result of new information, but the source would not elaborate further because of the ongoing investigation that includes the Los Angeles Police Department, L.A. County District Attorney's Office and the FBI.

On March 9, 1997, Wallace, 24, was shot and killed while riding in a Suburban that was driving away from a music industry party at the Petersen Automotive Museum in Los Angeles. Los Angeles police said a lone gunman in a Chevy Impala pulled alongside the Suburban and opened fire on Wallace, who was in the passenger seat. Witnesses described the suspect as being an African-American man wearing a suit and bow tie. There are several theories behind the murder including that the murder was the result of an “East Coast, West Coast feud between rival rappers and payback for the murder of rapper Tupac Shaker, whose murder was often associated with the rap feud and Notorious B.I.G. While conspiracy theories persist, law enforcement is keeping their new leads into the investigation under wraps and only time will tell if they lead to an arrest.
If you or a loved one is facing criminal charges in California it is important that you contact an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of crimes. Our attorneys are highly knowledgeable and will aggressively fight to defend your rights and get you the best possible result in your case. Call us today at (888) 749-0034 or contact us on our website at www.wklaw.com. We will be there when you call.

In California, a felony is a crime which is punishable by death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions. Violent and serious felonies defined in Penal Code sections 667.5(c) and 1192.7(c). The most common violent or serious crimes include residential burglary, robbery, kidnapping, murder, most sex offenses like rape and child molestation, any offense in which a weapon was personally used whether or not anyone was injured, any offense in which great bodily injury was inflicted, arson, crimes involving explosive devices, or attempts to commit any of those offenses.

Where an offense for which a person is convicted is a violent or serious felony, in addition and consecutive to any other prison terms imposed upon the defendant, the trial court must impose a new three-year sentence for each prior separate prison term served by the defendant, where the prior offense was one of the violent felonies specified above. Moreover, when a new offense is any felony in which a prison sentence was imposed, the court must impose an additional one-year prison sentence for each prior term served for any felony. However, the court may not impose any additional term for any prior prison term when an individual’s last imprisonment was over five years ago, and that individual has not been convicted or charged with any new felony.

If you have been accused of a violent or serious felony, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-violent-crimes. We will be there when you call.

In Penal Code 187 (a), California law defines murder as "the unlawful killing of a human being or a fetus with malice aforethought."

Malice aforethought is a necessity in murder as opposed to manslaughter. This is a state of mind where someone intends to kill a person but not necessarily out of spite or hatred.

Malice Aforethought can also exist if there is an intentional infliction of serious bodily harm that causes the victim’s death or behavior which shows extreme reckless disregard for the value of human life, resulting in the victim’s death. Thus, Murder is an intentional killing.

Many states have mandatory minimum sentences for murder and characterize murder as either in the first or second degree. First degree murder involves the state’s ultimate penalty which is usually death or life in prison without the possibility of parole whereas in second degree murder, sentences are for a term of years and parole eligibility.

If you or someone you love has been accused of a serious crime in California, namely a murder charge, contact the experienced San Bernardino California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 and visit www.wklaw.com to set up a consultation appointment.

If you are being charged with murder in San Diego, it is important to know what legal consequences you may be facing. Under California law, murder is the unlawful killing of another human being with malice aforethought.　 (P.C. § 187(a))　 First degree murder exists when a person commits murder with premeditation and deliberation or under certain circumstances such as by poison or during a drive-by shooting. (P.C. § 189)

To convict a defendant of murder, the prosecution must show that the defendant committed an unjustifiable homicide with "malice aforethought."　 Malice aforethought is a mental state that exists when the defendant had a conscious intent to cause death or great bodily harm, willfully acted with disregard of danger to another human life, or when the homicide happened during the commission of an inherently dangerous felony.

Murder is an extremely serious crime and the consequences can be very severe. A conviction of　first degree murder can result in a sentence of　 25 years to life in prison or life without the possibility of parole (P.C. § 190(a)). A murder conviction is also a strike under California’s three-strike law. Due to the possibility of such a severe punishment, it is vital that you hire an experienced San Diego murder criminal defense attorney to aggressively defend you.

If you or someone you know has been accused of murder, you will need an experienced San Diego criminal defense attorney who will aggressively defend you against one of the most serious crimes in the state’s penal code.　 At Wallin & Klarich, we have helped people accused of murder for over 30 years.　 Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

California Penal Code 187 - Murder

On October 13, 2010, police allege that a mother stabbed her two 3-year-old daughters to death, attempted to commit suicide, and set fire to her apartment to try to cover up her daughters’ deaths.

On October 12, after responding to reports of a late night fire, firefighters arrived at the mother’s apartment and subdued the flames. They found the daughters’ bodies inside the apartment. The mother, Monica McCarrick, 28, was also inside the apartment with what police suspect to be self-inflicted stab wounds.

McCarrick was taken to a local hospital and is expected to recover from her injuries. When she is released, she is expected to be charged with murder, child abuse resulting in death, arson, and destruction of evidence.

Under P.C. 187, “murder is the unlawful killing of another human being. . .with malice aforethought.” Murder committed with premeditation and deliberation is first degree murder, which is punishable by 25 years to life in prison, life in prison without the possibility of parole, or the death penalty. (P.C. 189, P.C. 190(a).)

Under P.C. 273a, “any person who, having the care or custody of a child who is under eight years of age, assaults the child by means of force likely to produce great bodily injury, resulting in the child’s death, shall be punished by imprisonment in the state prison for 25 years to life.”

Under P.C. 451, arson is the willful and malicious burning or setting fire to any structure, forest land, or property. Arson of an inhabited dwelling is a felony punishable by two, four, or six years in state prison. (P.C. 451(b).) Arson that causes great bodily injury is punishable by five, seven, or nine years in state prison. (P.C. 451(a).)

Under P.C. 135, a person who willfully and intentionally conceals or destroys anything thing or matter to be produced in a court proceeding is guilty of destruction of evidence, a misdemeanor punishable by up to six months in jail.

If you or someone you know has been accused of a homicide, child abuse, or other serious felony, you will need an experienced Southern California criminal defense attorney who will vigorously represent you and explore every possible defense. For over 30 years, Wallin & Klarich has helped people accused of a variety of criminal matters, including murder, child abuse, arson, and destruction of evidence. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

On October 5, 2010, Alejandro Hernandez Rivera, 24, was found guilty of first degree murder for strangling a retiree as part of a plan to steal the retiree’s expensive flute collection.

Rivera worked as a janitor by day, but prosecutors alleged that he also advertised his services as a prostitute on Craigslist. Theodore Neff, 66, was one of his regular clients.

In 2008, Rivera allegedly murdered Neff, set fire to his house, and stole his collection of solid gold and silver flutes. During trial, Rivera argued that he killed Neff after Neff told him he may have been exposed to HIV.

Rivera faces a maximum sentence of 28 years to life in prison.

Murder is the unlawful killing of another human being with malice aforethought. PC 187(a).) First degree murder exists when a person commits murder with premeditation and deliberation, or under certain circumstances such as by poison or drive-by shooting. (P.C. § 189.) First degree murder is punishable by 25 years to life in prison, life without the possibility of parole, or the death penalty. (P.C. § 190(a).)

If you or someone you know has been accused of murder, you will need an experienced Southern California criminal defense attorney who will aggressively defend you against the most serious crime in the state’s penal code. At Wallin & Klarich, we have helped people accused of murder for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

On August 23, 2010, the Second Appellate District affirmed the trial court’s determination that appellant, a driver who collided with another vehicle and killed the other vehicle’s passenger, had the requisite intent to be convicted of murder.

On November 29, 2006, appellant Hal Moore drove north on Hill Avenue in Pasadena at a rate of between 80 to 90 miles per hour, according to officer testimony. The posted speed limit was 35 miles per hour. At trial, evidence indicated that Moore was angry because his apartment was burglarized while he was on vacation and he blamed his fiancée for not being present at the apartment.

Trial evidence established that Moore collided with another vehicle after crossing an intersection on a red light and without trying to stop. A passenger in the other vehicle was killed. Appellant admitted that he did not stop to check the condition of the victims and continued to drive north on Hill Avenue.

A patrol officer noticed Moore’s vehicle, which had sustained significant front-end damage and which had steam or smoke coming from the vehicle’s hood. The officer turned on his patrol vehicle’s lights and siren and attempted to initiate a vehicle stop. Moore continued to drive without yielding to stop signs until he reached his residence.

Moore resisted arrest and it took three officers to subdue him.

After being subdued and after waiving his Miranda rights, Moore told officers that he did not intend to kill anyone, he was just going too fast. Moore admitted that he knew the other driver died, and that he did not think it was a problem to leave the scene of the accident because he knew the other driver was dead.

According to Penal Code section 187(a), “murder is the unlawful killing of another human being. . .with malice aforethought.” Malice can be established when a person acts with profound disregard of the significant probability of death, and the person subjectively knew of the risk of death.

On appeal, Moore claimed that the facts did not establish that he acted with malice because he did not have subjective knowledge that his driving had a high probability of killing someone. He cited cases where, prior to the fatal incident, the defendants were either under the influence or had swerved to avoid a collision. He argued that since he was not intoxicated and did not have a near-collision prior to the fatal incident, he did not have an awareness of the risk of death sufficient to be convicted for murder.

The court of appeal disagreed, stating that while driving while intoxicated or a previous near-collision is relevant to determining malice, neither fact is necessary to prove subjective knowledge of the risk. The jury is entitled to analyze all the circumstances to determine whether Moore had an awareness of the risk of death.

The court of appeal also disagreed with Moore’s contention that his prior conviction for driving under the influence was inadmissible because Moore was not intoxicated during the fatal incident. The court stated that his prior conviction was relevant to determining whether he had subjective knowledge of the consequences of his driving.

If you or someone you know has been convicted of driving under the influence or murder, you will need an experienced Southern California defense attorney to help defend you against these serious charges. At Wallin & Klarich, we have helped people accused of DUI and murder for over 30 years. Call us today at (888) 280-6839 begin_of_the_skype_highlighting              (888) 280-6839      end_of_the_skype_highlighting or visit us at our website at www.wklaw.com. We will be there when you call.

On August 3, 2010, a driver for an alcohol wholesaler went to work with a semiautomatic rifle and allegedly opened fire, killing eight. The driver shot and killed himself as police approached to subdue him.

The driver, Omar S. Thornton, 34, was a new employee at Hartford Distributors in Manchester, Connecticut. The Teamsters Union stated that, despite his recent employment, he had already been identified as a disciplinary problem. A law enforcement official stated that Thornton had been suspected of stealing from the company.

Thornton was scheduled to go to work that day to meet with the Teamsters Union to discuss his disciplinary issues. It is unclear whether the meeting took place, but one of the identified victims was a local Teamsters official. Another identified victim was a member of the family that founded Harvard Distributors.

In California, murder is the unlawful killing of another human being with malice aforethought. (California Penal Code section 187(a).) Malice aforethought exists when there is a deliberate intent to cause great bodily injury or death, when the defendant acts with reckless disregard for human life, or when the death occurs during the commission of certain violent felonies. (California Penal Code sections 188, 189.) If the murder was done with premeditation and deliberation, it is first degree murder and punishable by death, life in prison without the possibility of parole, or 25 years to life in prison. (California Penal Code sections 189, 190.)

If you or someone you know has been accused of murder, manslaughter, or other criminal homicide, you will need an experienced Southern California criminal defense attorney who will vigorously defend you against these serious charges. At Wallin & Klarich, we have helped people accused of a variety of crimes, including murder, for over 30 years. Call us at (888) 764-2615 or visit our website at www.wklaw.com. We will be there when you call.

It was recently reported in the LA Times that the police arrested the alleged “Grim Sleeper” serial killer. Police went into the South L.A. home of David Franklin, Jr., 57, and arrested him without incident.

Franklin is charged with 10 counts of murder and 1 count of attempted murder. Nicknamed after taking long breaks between killings, the Grim Sleeper is alleged to have committed murders from 1985 to 2007.

Detectives used the controversial familial DNA technique to find Franklin. The familial DNA technique traces the DNA found at the scene of a crime and links it to a family member who has a sample of DNA in a criminal database. The DNA traces a close match in the Y chromosome of a male relative. With this information, detectives can identify any family members that would fit the description of the killer. This technique is legal in only California and Colorado.

Los Angeles District Attorney Steve Cooley said detectives used a piece of discarded pizza with Franklin's DNA to make a link with Franklin’s father’s DNA. With this information, the detectives mapped out the Franklin’s family tree and narrowed down the search to either Franklin or his brother. Franklin’s brother was ruled out to be the Grim Sleeper because he was too young at the time of some of the murders.

If convicted, the allegations against Franklin could make him eligible for the death penalty.

We will continue to monitor this case as news breaks. If you or a loved one is facing a criminal charge, it is important that you speak with an experienced Southern California defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in defending the rights of the criminally accused. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.

On July 2, 2010, the city of Oakland, California, prepares itself for possible rioting as the trial of a white police officer accused of murdering an unarmed black man draws to a close.

On January 1, 2009, Bay Area Rapid Transit police officer Johannes Mehserle, 28, shot Oscar Grant after passengers accused Grant and others of fighting on a train. Mehserle claimed that he had meant to subdue Grant with a Taser, but accidentally drew and fired his handgun instead, killing Grant.

Mehserle may be convicted of second degree murder, voluntary or involuntary manslaughter, or could be found not guilty. (California Penal Code sections 189, 192(a), (b).)

Closing arguments concluded July 2, 2010. The jury began deliberating that afternoon.

The trial has gained significant public interest. The city of Oakland posted a message on its website from Oakland’s mayor and police chief stating that though they “understand that the community is grieving,” they “are dedicated to safe expressions of emotions during this difficult time” and “will not tolerate destruction or violence” in response to the trial verdict.

Under California Penal Code sections 187 and 189, the unlawful killing of another human being with malice aforethought and absent other circumstances is second degree murder. It is punishable by a 15 year to life in state prison. (California Penal Code section 190.)

Under California Penal Code section 192(a), voluntary manslaughter is the unlawful killing of another human being while in the heat of passion. It is punishable be 3, 6, or 11 years in state prison. (California Penal Code section 193(a).)

Under California Penal Code section 192(b), involuntary manslaughter is the unlawful killing of another human being while committing a misdemeanor or while performing a lawful act in a negligent way. It is punishable by 2, 3, or 4 years in state prison. (California Penal Code section 193(b).)

Under the mistake of fact defense, a person may have committed the criminal act, but because the factual circumstances were not as he believed, he did not have the requisite intent to complete the crime. (California Penal Code section 26.) If a person’s mistake of fact is reasonable, then even if he committed the criminal act, he will be found not guilty. If a person’s mistake of fact is unreasonable, then he may be found not guilty or liable for a lesser crime, depending on the crime and the requisite intent. Mistake of fact is not a defense to some crimes, such as unlawful sexual intercourse with a minor. (California Penal Code section 261.5.)

If the criminal act is murder, as is the case with Mehserle, if the jury finds that he was mistaken in fact regarding his firearm and the mistake was unreasonable, he may still be found guilty of involuntary manslaughter.

If you or someone you know has been accused of a homicide such as murder, you need an experienced criminal defense attorney who will review the facts and the law with you to get the best possible result. At Wallin & Klarich, we have over 30 years experience defending a variety of criminal matters, including murder and manslaughter. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

It was recently reported by the Associated Press that gunmen assassinated the front-running candidate for governor of a Mexican border state. Mexican President, Felipe Calderon, called the murder as a drug cartels seeking to influence local elections. The attackers ambushed governor candidate Rodolfo Torre's car as he headed to the airport in Ciudad Victoria, border state littered with violence as a result of rival turf battles between two drug cartels. At least four other people traveling with Torre were also killed. Drug gang violence has only increased since President Calderon deployed the Mexican Army to combat violent drug gangs.

Under California Penal Code section 187, murder is defined as the killing of a person with malice aforethought. First degree murder is defined as any murder perpetrated by willful or deliberation or means of a destructive device or by premeditation. (See California Penal Code section 189). Second degree murder is all other murder. In addition, punishment for first degree murder is a felony punishable by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. Second degree murder is a lighter, yet still severe punishment, which is imprisonment in state person for 15 years to life. In this case, the assailants would be charged with first degree murder, as they likely spent adequate time preparing for the murder of Torre.

If you or a loved one is facing charges for murder or any other serious homicide crime, contact our Southern California attorneys at Wallin & Klarich. At Wallin & Klarich, our attorneys have over 30 years of experience in handling murder cases. Our attorneys will defend your rights and fight to get you the best possible result in your case. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

CNN recently reported that Ronnie Lee Gardner, 49, was executed by firing squad for the shooting death of attorney Michael Burdell during a failed escape attempt from custody in 1985 at a Salt Lake City, Utah courthouse. A hood was placed over Gardner's head and a paper target pinned to his chest. He was heavily restrained as a five-person firing squad took aim at the target and shot him. Gardner is only the third person to die by firing squad in the United States in 33 years.

The last time that California used firing squad for death row inmates was just before the state joined the union. Currently, under the California Penal Code Section 3604, the death penalty is carried out by the administration of a lethal gas or by an intravenous injection of a substance in a lethal quantity sufficient to cause death. If a person sentenced to death does not choose either lethal gas or injection within ten days after the warden’s service of an execution warrant, the default method is lethal injection.

Being charged with a felony that carries the possibility of death as a sentence is a grave offense. Choosing the right defense attorney could save your life. If you or a loved one has been charged with a serious felony you must seek the assistance of an experienced defense attorney immediately. Our attorneys at Wallin & Klarich have over 30 years of experience taking on cases just like yours. We will look at the particular facts of your case to determine the best defense strategy available to you that will result in the best possible outcome. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be here when you call.

CNN recently reported that Joran van der Sloot has been officially charged with the murder and robbery of a 21-year old student in Lima, Peru. Van der Sloot was also one of the prime suspects in the 2005 disappearance of American teenager Natalie Holloway, but was never charged due to a lack of evidence. Van der sloot is thought to be responsible for the murders of both Holloway and Flores.

In the current case, van der Sloot has been charged with the murder and robbery of Stephany Flores Ramirez after the two met while playing in a poker tournament. Video surveillance shows Flores and van der Sloot entering his hotel room together, and him leaving alone more than three hours later.

Van der Sloot admitted that he attacked Flores after she read an email on his computer regarding the Holloway case. It is reported that van der Sloot savagely beat Flores, eventually breaking her neck. After killing her, the police statement says that van der Sloot cleaned the room in an attempt to hide evidence of the crime, changed clothes and fled with Flores' money, bank cards and black Jeep.

Under California law, murder is a felony. There are two degrees of murder; first degree and second degree. Under California Penal Code (CPC) Section 189, first degree murder is any premeditated murder such as torture, lying in wait, or the use of a destructive device or explosive, or murder which is committed in the act or attempt to commit arson, rape, carjacking, robbery, burglary, mayhem, or kidnapping. Most other types of murders are of the second degree.

Every person guilty of first degree murder will face the death penalty, life imprisonment without the possibility of parole, or 25 years to life. Every person guilty of murder in the second degree will face imprisonment in the state prison for 15 years to life. However if the person is guilty of second degree murder of a peace officer, the penalty is imprisonment in the state prison for life without the possibility of parole.

Under the CPC Section 211, robbery is defined as the wrongful taking of another’s property against his will by means of force or fear of immediate injury to himself or a relative. Robbery is also divided into first and second degrees. First degree robbery is any robbery of a person operating a public transportation vehicle, any passenger of a public transportation vehicle, robbery committed in an inhabited home including a boat and a trailer, or the inhabited portion of any other building, and any person using an ATM. Robbery of the second degree is any other type of robbery not mentioned.

Robbery is a felony, and is punishable as such. Under CPC Section 213, robbery of the first degree is punishable by up to 6 or 9 years in state prison depending on the type. Robbery of the second degree is punishable by up to 5 years in state prison.

Murder and robbery are some of the most seriously punishable crimes under California law. Simply being accused of committing either of the two could place a stigma on your reputation for the rest of your life. If you have been charged with murder or robbery, you must seek the assistance of an experienced Southern California criminal defense attorney immediately. Our attorneys at Wallin & Klarich have over 30 years of experience taking on cases just like yours. We will look at the particular facts of your case to determine the best defense strategy that is available to you that will result in the best possible outcome. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be here when you call.

In a recent decision by the California Court of Appeals, it was held that the trial court erred in admitting irrelevant and highly prejudicial gang evidence of the defendants' membership in a motorcycle club, where there was no evidence that the club was a street gang or a criminal enterprise, and where the prosecution offered this evidence in its case-in-chief primarily to show defendants’ criminal disposition to commit murder. (People v. Memory (March 5, 2010) Case No. Co54422.)

In California, evidence that defendants are members of a certain street gang is relevant to prove identity of those individuals suspected of violating the law. Moreover, gang evidence is relevant and admissible when the very reason for the underlying crime is related to gang activities. In Memory, however, the prosecution offered gang related evidence that the defendants were members of the Jus Brothers motorcycle gang. The prosecution wanted to show that membership in this gang required the members to carry knives and to fight when challenged by other people.

The court held that evidence of gang membership could not be introduced to prove intent or culpability of the defendants. The court found the evidence to be irrelevant. The evidence could not be admitted at trial where its sole relevance was to show defendants’ criminal disposition or bad character as a means of creating an inference that the defendant committed the homicide. By admitting this highly inflammatory and irrelevant evidence, the trial court committed reversible error resulted in a miscarriage of justice requiring reversal of defendants’ convictions.
Our firm has over 30 years of experience in representing clients in criminal matters and has been recognized as an AV rated law firm. Wallin & Klarich offers outstanding representation to clients charged with gang related crimes. We have the legal knowledge and the resources to ensure that your rights are protected. Please call us at (888) 280-6839 or visit our website at www.wklaw.com. We will be there when you call.

Ernesto Hernandez Avalos, a 23-year-old day laborer who murdered his boss by repeatedly hitting him with a shovel, then used a pickax to crush his head, was sentenced to 26 years to life in prison. In January of this year, Avalos was hired as a day laborer to work for a landscaping business owned by Woo Sung Park, a 45-year-old father from Rancho Santa Margarita. At a house in Irvine, Avalos reportedly beat Park with a shovel. When police arrived, Avalos still had the shovel in his hands. When police ordered him to drop the shovel, Avalos complied, only to pick up a pickax and deliver a blow to Park’s head, killing him instantly. During his murder trial, Avalos stated he took methamphetamines the morning of the murder and was angry that Park told him he was working too slow. Avalos’ public defender also alleged Avlos was fearful that his boss could attack him.

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. The punishment for murder can range from 25 years to life in prison, life imprisonment without the possibility of parole, or the death penalty.

At Wallin & Klarich, our skilled and aggressive criminal defense lawyers have been assisting those accused of a wide range of crimes, from minor infractions to murder, for more than 30 years. We will determine the best possible defense for your case and work to have the charged against you dismissed, acquitted, or lessened. To learn more about how the qualified legal team at Wallin & Klarich can help you with your case, call 888-280-6839 today or visit www.wklaw.com. We will be there when you call.

It was recently reported in the Orange County Register that a purported gang member is wanted in the kidnapping of his ex-girlfriend. Rudy Castellon, 23, allegedly went to his ex-girlfriend’s parent’s house. The mother refused to let Castellon see her daughter. Castellon is then accused of displaying a handgun and forcing his way into the home. Castellon allegedly pushed the girlfriend down the street. She returned the next day. Castellon is wanted on suspicion of kidnapping.

Under California Penal Code 207, kidnapping is committed when a person forcibly, or by any other means of instilling fear, steal or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county. Kidnapping is punishable by imprisonment in state prison for up to eight years.

If you or a loved one is facing a charge of kidnapping, it is important that you speak with an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling kidnapping cases. Our attorneys will fight to get you the best possible result in your case and to always defend your rights. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.