Attempted Murder in California and Punishment for Attempted Murder (PC Section 664/187)
Attempted Murder in California and Punishment for Attempted Murder (PC Section 664/187)
While driving home from work, you were cut off by another driver. You decided to follow the other driver into a parking lot. The two of you exited your respective vehicles and began arguing. You pulled out a gun and shot at the other driver, but did not hit him with the bullet. Now, you are being charged with attempted murder under California Penal Code section 664/187. What punishment do…
Read More
I am Accused of Annoying or Molesting a Child Under the Age of 18. What Do I Need to do Know? (PC 647.6)
At a recent family party, you spent time "catching up" with your 17-year old niece. You considered your behavior to be completely appropriate, but are now being charged with annoying or molesting a child under the age of 18 in violation of California Penal Code section 647.6. You do not have to face this charge alone. The attorneys at Wallin & Klarich have an impressive record of successfully defending PC…
Read More
6 Winning Defenses to a Stalking Charge (PC 646.9)
A skilled California criminal defense lawyer can present several potential defenses to a stalking charge including: The threat was not credible. A reasonable person would not have become fearful after getting the threat. The threat could not be realistically or reasonably executed. You were exercising your free speech such as participating in a rally or a protest. You were mistakenly identified. You were falsely accused by someone with an ulterior…
Read More
Melee in Huntington Beach after U.S. Open Results in Vandalism Charges (PC section 594)
At least eight people – ranging in age from 15 to 30 – were arrested on vandalism and other charges following riots in downtown Huntington Beach after the conclusion of the U.S. Open of Surfing, a week-long surfing competition. According the Los Angeles Times, the violence erupted the night of July 29 as the crowd of spectators and visitors moved up Main Street. Police said some people began tipping over…
Read More
When Does Cyberstalking Become a Federal Offense? (PC 646.9)
Cyberstalking is the act of threatening, annoying or harassing someone over the Internet with the intent of intimidating or leading the recipients to believe that they or their loved ones will be injured or harmed. Common types of electronic technologies used for cyberstalking include emails, chat rooms and social networking sites. Experts believe that stalkers, including cyberstalkers, are motivated by a desire to harass victims, get back at them or…
Read More
What Happens If I am Ordered to Pay Restitution After My Probation Period has been Completed?
Restitution Definition In criminal cases where a victim of crime has suffered a type of injury, you may be held responsible for paying restitution. Restitution is simply defined as compensation to a victim of crime resulting from the criminal actions of the defendant. Once found guilty of the crime, you have a right to have a restitution hearing to determine the amount of restitution owed to the victim. Once the…
Read More
Consequences of Resisting Arrest Charges in Addition to a DUI Allegation
If you have dealt with or are currently facing a drunk driving charge in Southern California, you are probably aware of the overwhelming amount of stress such an accusation may cause. Increasingly, several police departments in Southern California are additionally charging individuals with "resisting arrest" – on top of charging them with driving under the influence. Some of these incidents include the actions taken by the Hermosa Beach Police Department…
Read More
Wallin & Klarich May Win Your Case By Filing A Motion To Suppress Evidence (PC 1538.5)
You were recently driving through a residential area of Corona del Mar at 2:00 AM on a Friday night. Despite following all traffic regulations, a police officer stopped you and proceeded to administer a field sobriety test (FST). You are now being charged with a DUI under VC 23152(a). Can you suppress the evidence resulting from the traffic stop? Motion To Suppress Evidence A motion to suppress evidence is a…
Read More
Compare & Contrast: Assault Vs. Battery In California (PC 240, PC 242)
Many individuals often use the terms "assault" and "battery" interchangeably. However, these terms do not refer to the same crime, but rather two separate offenses under California state law. What is the difference between assault and battery? California Penal Code section 240 defines assault as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." To convict you of assault under PC…
Read More
CSUSM Student Gets Prison Time for Identity Theft
An Orange County man has been sentenced to one year in federal prison after he admitted to stealing the identities and passwords of more than 700 fellow students at California State University, San Marcos (CSUSM). The Associated Press reports that the Huntington Beach resident was sentenced July 15 for wire fraud, unauthorized access of a computer and identity theft. AP reports that the 22-year-old man stole the identities last year…
Read More