October 18, 2011 By Wallin & Klarich

Last week in Ventura County, California Highway Patrol (CHP) officers responded to a report of a possible drunk driver in the area of SR-118 and Walnut Rd, in Somis. The reporting party stated that the driver of the suspect’s vehicle was driving erratically and had apparently fired a gun from he vehicle.

CHP officers quickly located the vehicle and conducted a stop of the vehicle in the Oxnard area. Ventura County Sheriff’s deputies were also on scene to assist. The officers then arrested, Albert Rojas from Oxnard, who was identified as the driver of the vehicle for various felony charges including assault with a deadly weapon.

During the search of the vehicle, the officers found a concealed handgun, as well as a small amount of drugs. Rojas was identified by the reporting party as the suspect who fired the shot towards him as he was traveling west on SR-118 through the Somis area. No one was injured during the incident.

For the prosecutor to convict a person of this crime, the People must prove that: 1. The defendant did an act with a deadly weapon or a firearm that by its nature would directly and probably result in the application of force to a person; 2. The defendant did that act willfully; 3. When the defendant acted, he was aware of facts that would lead a reasonable person to realize that his act by its nature would directly and probably result in the application of force to someone; 4. When the defendant acted, he had the present ability to apply force likely to produce great bodily injury with a deadly weapon or with a firearm to a person; and 5. The defendant did not act in self-defense or in defense of someone else.

This is a serious felony in California and is considered a strike. Are you or a loved one facing similar charges of assault with a deadly weapon in Ventura? If so, contact the Ventura assault attorneys at Wallin & Klarich. It is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

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