Articles Posted in Assault & Battery

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Assault with a deadly weapon is one of the most serious crimes in California. Under California Penal Code Section 245, you could face up to four years in jail and $10,000 in fines if you are convicted of felony assault with a deadly weapon.

That is why it is important that you hire an experienced criminal defense lawyer if you are facing assault with a deadly weapon charges. Your assault lawyer will understand the what successful legal defenses may apply to your case.

Our skilled attorneys at Wallin & Klarich have been successfully defending clients accused of assault with a deadly weapon for more than 35 years. Here are some of the defenses we have used to successfully defend our clients who were facing assault with a deadly weapon charges:

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Do you pick up your pet’s waste when you take it for a walk? Los Angeles County Superior Court Judge Craig Richman was charged with battery (California Penal Code 242) last week stemming from a dispute over dog poop that was left on the sidewalk.

What Happened with Richman?


The dispute began on July 18 when Connie Romero placed a plastic bag filled with dog poop on the sidewalk while walking through Richman’s Chatsworth neighborhood. Richman saw the incident and was angry she did not use a trash can. However, that is where accounts differ.

Romero alleges that Richman began an argument that became physical when he pushed her face-first onto the sidewalk. A spokesman for City Attorney Mike Feuer, whose office filed the case, claims Richman left the scene and returned to his home. Romero suffered injuries from the event, including a cut over her left eye, swelling of her left wrist and an abrasion on her left shoulder.

However, James E. Blatt, Richman’s attorney, claims Romero is full of it. He said the judge asked Romero to pick up the dog poop then she threw it at his car. She allegedly followed him to his home and confronted him in the driveway. She proceeded to push Richman and he pushed back. The attorney also claims Romero then laid in the street until neighbors found her.

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Recently, the Second Appellate District of the California Court of Appeals ruled that people convicted of assault and battery under California Penal Code section 242 are not prohibited from possessing firearms under the federal law that prohibits those with a conviction for a “misdemeanor crime of domestic violence” (MCDV) from possessing a firearm. The ruling came from the case of Shirey v. Los Angeles County Civil Service Commission, (B238355, May 6, 2013).

The decision clarifies that hundreds of Californians previously thought to be prohibited from possessing a firearm may indeed possess a firearm.

Shirey v. Los Angeles County Civil Service Commission


Shirey was charged in 1992 with domestic violence and battery under California Penal Code sections 273.5 and 242. At trial, Shirey was found not guilty of the domestic violence charge under section 273.5, but he was convicted of the lesser charge of battery under section 242.

Shirey was sentenced to probation, then had his case expunged under Penal Code section 1203.4. As a result of the expungement, Shirey had his firearm possession rights restored under California law via California Penal Code section 12021(c)(3).

After having his firearm possession rights restored under California state law, Shirey worked for the Los Angeles County Sheriff’s Department. But in 2009, the Sheriff’s Department determined that he was prohibited from possessing firearms under the federal MCDV law, commonly know as the “Lautenberg Amendment.” Deputy Shirey contested that determination.

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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.”

Attorney for AssaultTo convict you of assault under PC 240, the prosecutor must prove the following elements:

  • You acted willfully;
  • Your act was a direct and probable result in the application of force to another;
  • You were aware that the act would likely result in application of force to another; AND
  • You had the present ability to apply the unlawful force.

California Penal Code section 242 defines battery as “any willful and unlawful use of force or violence upon the person of another.”

To convict you of battery under PC 242, the prosecutor would need to show the following:

  • You willfully and unlawfully touched another person in a harmful or offensive manner;

Contrasting The Differences Between Assault And Battery

Assault is commonly referred to as an “attempted battery.” An assault may have taken place without the occurrence of a battery. This is because physical contact is not an element of an assault charge. On the other hand, a battery necessarily requires an assault. You cannot willfully and unlawfully touch someone (battery) if you do not first make an unlawful attempt (assault) to do so.

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According to the OC Register, more than 100,000 visitors packed into Newport Beach, California to celebrate the Fourth of July in 2012. Newport Beach has approximately 85,000 permanent residents.

If you plan to celebrate this year’s festivities in Newport Beach, remember to party responsibly. The Newport Beach Police Department’s crime statistics indicate that the following five crimes typically experience a significant rise during the month of July:

1. Public Intoxication (California Penal Code section 647(f))


In July 2012, there were a reported 145 public intoxication arrests in Newport Beach. It is interesting to note that this was the only month to see a triple-figure amount for this offense. In fact, no other month saw more than 81 reported public intoxication offenses.

To convict you of public intoxication in Newport Beach, the prosecutor will need to prove the following elements beyond a reasonable doubt:

  • You were willfully under the influence of alcohol, any drug, or a controlled substance;
  • You were in a public place while under the influence of alcohol, any drug, or a controlled substance; AND
  • You were unable to exercise care for your safety or the safety of others; OR
  • You interfered with, obstructed, or prevented the free use of a street, sidewalk, or other public way because you were under the influence.

One of our skilled attorneys recently got a public intoxication charge against our client completely dismissed. Our client was facing up to 90 days in county jail and 1-year suspension of his driver’s license if convicted. Due to the attorney’s tremendous efforts, the district attorney agreed to drop the charge after agreeing that the charge could not be proved beyond a reasonable doubt at trial. Click here to continue reading.

2. Petty Theft (California Penal Code section 488)


In July 2012, there were a reported 116 petty thefts in Newport Beach. This accounted for 16% of the city’s petty thefts in 2012.

To convict you of petty theft under PC 488, the prosecutor will need to prove the following elements:

  • You took possession of property owned by someone else;
  • You took possession of the property without the owner’s permission;
  • When you took the property, you intended to deprive the owner of it permanently or remove it from the owner’s possession for an extended period of time such that the owner would be deprived of a major portion of the value or enjoyment of the property.

The prosecutor also carries the significant evidentiary burden of proving three additional facts in order to convict you of petty theft:

  • The stolen property had a market value of $950 or less;
  • The property was not taken directly from the owner (e.g. pickpocketing); AND
  • The property is not of a special type, such as an automobile, firearm, or farm animal.

Recently, an experienced Wallin & Klarich defense attorney helped one of our clients avoid time in a juvenile detention facility after she was accused of petty theft under PC 488. If convicted, our client faced up to 6 months in juvenile detention. The attorney used his extensive legal knowledge to raise a successful objection to the arresting officer’s testimony against our client. Read the full story here.

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If you are facing charges of assault and battery in Los Angeles, your first step should be to contact an Assault and Battery Defense Attorney. The Defense Attorneys at Wallin & Klarich have over 30 years of experience successfully defending assault and battery cases in Los Angeles and are ready to help you.

Assault and Battery in Los Angeles

Assault%20and%20Battery%20Los%20Angeles%20Defense%20Attorney%20888-280-6839.jpg• Assault: Under Penal Code section 240, a prosecutor can charge you with assault if you attempt to injure another person, even though no physical contact is made. There is no physical contact necessary for a conviction of assault.

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There are tremendous consequences if you are accused of assaulting your spouse or loved one. Of course you are facing serious criminal charges. These criminal charges can result in a felony or misdemeanor conviction. This can result in a jail sentence of from one to three years in custody.

However, in addition to that a recent court of appeals decision made clear that if you are convicted of assault of your spouse then that means you are a risk of harm to your children. This means that your visits with your children will be required to likely be monitored by a professional monitor. Professional monitors cost money and you will be likely ordered to pay the $35 to 75 per hour for the professional monitor or you will not be able to see your children.

We hope that you can see how important it is that you aggressively defend the charges against you when you are facing domestic violence of spousal abuse charges. This is where Wallin and Klarich can make the difference. We have been helping people win domestic violence cases for over thirty years. You cannot afford to lose your criminal spousal battery case. It is too important to not call us now toll free at 888-280-6839 or contact us through our website at www.wklaw.com. We have offices in San Bernardino, Riverside, Los Angeles, Ventura, San Diego, and Orange County. We will be there when you call.

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Brooke Mueller, the ex-wife of actor Charlie Sheen, was arrested in Colorado and charged with assault and cocaine possession. According to authorities, officers encountered a women who said Mueller had assaulted her. Mueller was later found and arrested. She was arrested for possession of cocaine with intent to distribute, which is a felony, and assault, which is a misdemeanor.

Mueller’s first court date in Colorado is tomorrow Dec. 19th, where her lawyers are hoping to get the drug charges dropped in the case.

In California, possession of cocaine with intent to distribute is codified under Health and Safety Code Section 11351. It states in pertinent part that “every person who possesses for sale or purchases for purposes of sale” is guilty of a felony.

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Police_car_at_ChevronThe OC Register is reporting by Erika Ritchie, that earlier this week in Lake Forest, California, Orange County deputies responded to a call regarding a possible battery that occurred on Monday at the Chevron gas station off Bridger Road. The alleged victim said he had been hit in the face and his car had been kicked by two individuals who were apparently upset with his driving.

The alleged victim stated that he had paused in the road way before making a turn into the gas station. That’s when he was approached by two individuals, one of which kicked his car and then punched him in the head. The two individuals fled in their vehicle. Police are looking for any witnesses.

A battery is defined by the California Penal code as any willful and unlawful use of force or violence upon the person of another and is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

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On November 19, 2010, San Bernardino officials stated that Jimmy Alfred Walker, a Barstow police officer, faces misdemeanor assault, hate crime, and disturbing the peace charges for an incident that occurred in August.

Sometime after midnight, the Hesperia Sheriff’s Department received a call from a 911 operator about a fight in progress. When sheriffs arrived at the scene, Walker was allegedly assaulting a man and a woman. Walker, who is white, also allegedly made racially insulting toward them. It is unclear what race the alleged victims were.

Walker has been placed on paid leave while police officials investigate the matter.

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.