Assault Overview – Penal Code Section 240
Wallin & Klarich has been representing clients who have found themselves accused of assault, assault with a deadly weapon, aggravated assault and attempted assault charges throughout Southern California for almost thirty years. We know how to win these cases.
Under California Penal Code Section 243 a battery is defined as willful use of force or violence on another person. Any physical contact to which the other person has not consented can be construed as battery. However, an assault, under California Penal Code Section 240, is an attempt to commit battery.
In many assault cases our law firm can successfully defend the case by raising "self defense" as a strong argument in your favor. In most altercations when you do your homework and investigate the facts of the case we often find that the situation was really "mutual combat."
In other assault cases we can successfully argue that what actually occurred was an "accidental touching" as opposed to intentional conduct. Wallin & Klarich has had years of positive outcomes with numerous dismissals of assault and battery charges by doing proper investigation and then bringing forth evidence to show the "true facts" of a case. For example:
- Did the "victim" provoke you in any way?
- Were you trying in any way to protect yourself or someone else?
- Could your "touching" have been in any way accidental?
- Did you truly have the ability to use physical force on someone at the time of the incident?
If you are smart enough to retain our law firm as soon as you are arrested that may give us enough time to speak with the prosecuting attorney and try to convince him or her to dismiss the charges before they are formally filed. This could result in lighter charges being filed in the first place, expediting your defense and removing the chilling possibility of a felony charge on your record. Contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com. We can help.
