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Articles Posted in Battery Charge Defenses

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After deliberating for nearly three hours on Thursday, a jury found that Los Angeles County Superior Court judge Craig Richman acted in self-defense when he pushed Connie Romero following a dispute over dog poop near Richman’s property.

Richman was charged with misdemeanor battery last year. Romero accused Richman of pushing her in the back after she allegedly placed a bag of dog poop in the passenger seat of Richman’s car. After the altercation, Romero was left with a cut over her left eye, swelling of her left wrist and an abrasion on her left shoulder.

Corporal%20Injury.jpgAccording to Richman’s attorney James E. Blatt however, Romero allegedly followed Richman to his home after the poop incident occurred and they exchanged a few words. She then proceeded to push Richman in his driveway and he pushed her back. Richman claimed that his behavior was an act of self-defense in order to construct a “safety-zone” between himself and Romero and that she struck him first.

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batteryonPO.JPGCalifornia law prohibits the unlawful use of force or violence against another individual. However, when such violence or force is directed against “peace officers” such as police officers, firefighters or emergency personnel, you could face more serious charges and severe penalties. Battery of a peace officer is a charge that is often falsely levied against individuals, often when they are being arrested on suspicion of another offense such as driving under the influence.

In Huntington Beach, there have been many recent examples of such false arrests. For example, in June 2011, “Planet of the Apes” actress Estella Warren was arrested by Huntington Beach police and charged with DUI, battery on a police officer and resisting arrest. Officials said Warren hit a police officer and tried to escape police custody. Warren ended up pleading no contest to the DUI charge in August 2011 and was sentenced to four months in a residential rehab facility and five years of informal probation. However, the battery on a peace officer and resisting arrest charges – both misdemeanors – were dismissed.

Penalties for Battery on Peace Officer

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Being arrested for battery in California is a serious crime. Most people would never think they could be accused of such a crime.

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However, people go to a bar with friends to have a few drinks. Music begins to play. More drinks are consumed. Then someone pushes someone and people get angry. Then someone throws a punch and a criminal battery may have been committed. When the person went to the bar that evening it never entered their mind they could end up in jail. However, that is what happened and now they facing the possibility of jail time, probation, a large fine and restitution.

If you or a loved one is accused of battery, you need to contact a lawyer immediately. The Battery Defense Attorneys at Wallin & Klarich have 30 years of experience in this field, we can bring that experience to bear for you and help you win your case.

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Dominique Wilkins BatteryIt was reported by John Manasso of FOXSportsSouth.com that Basketball Hall of Famer Dominique Wilkins, an Altlanta Hawks commentator, was attacked by a fan after the Hawks’ game, according to a statement released by the Hawks.

Apparently, Wilkins had finished a piece on a post game show, and was still near courtside when the attack occurred. The alleged attacker was Rashan S. Michel, 36, a former NBA and college referee. Michel was arrested and charged with one count of simple battery following the incident.

What is Battery in California?

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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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.

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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.

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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.

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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.

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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.

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Located in Orange County, California, the city of Huntington Beach is most recognized for its scenic beaches and conserved wetlands. Often referred to as “Surf City,” Huntington Beach’s approximate population amounts to 190,000 within a span of 31.6 miles. Huntington Beach attracts a diverse crowd of visitors within its already densely populated area, mostly due to the many surfing events hosted throughout the year. Similar to other busy cities, arrests are sometimes made for assault or battery in Huntington Beach in which the services of a criminal defense attorney will most likely be needed.

Arrests for assault happen more often than most residents of Huntington Beach probably realize. This is mainly because physical contact is not necessary for an individual to be arrested for an assault offense. According to California Penal Code Section 240, assault requires the defendant to have intended to commit battery, physical violence, or willful use of force on another individual. Under California Penal Code Section 242, any physical contact that takes place beyond the consent of another person may be perceived as battery. Being charged with an assault or battery crime can often be an overwhelming experience; however, knowing your legal rights and options for defense is extremely important. An experienced Huntington Beach assault defense attorney can help inform you of your rights, conduct a thorough investigation into the charges against you, and build a strong defense on your behalf.

At Wallin & Klarich, our skilled and aggressive Huntington Beach criminal defense lawyers have been assisting those accused of battery, assault, and a wide range of other crimes for more than 30 years. We will determine whether your assault or battery charge can be defended through self-defense, defense of another, incapability to establish assault or perform battery, intoxication, lack of necessary intent to commit battery, and consent on the part of the individual claiming to have been attacked or threatened. 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.

About Wallin & Klarich

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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.