Archive for March, 2010

Actor Charlie Sheen Pleads “Not Guilty” to Domestic Violence Charges Including Assault – California Penal Code Section 240

Wednesday, March 31st, 2010

Charlie Sheen, star of the CBS sitcom Two and a Half Men, recently pleaded not guilty to domestic violence charges in Aspen, Colorado, stemming from a Christmas Day incident there with his wife. Sheen’s wife had reportedly called police to say the actor was threatening to kill her with a knife.

The actor was taken into custody by police and detained under his given name Carlos Irwin Estevez before he was released the following day on $8,500 bail. He faces charges under Colorado law of menacing, criminal mischief, and assault. If convicted on all charges, the 44-year-old Sheen could be sentenced to up to 5 years in prison. Sheen has since returned to California to resume shooting for Two and a Half Men.

In California, the crime of assault is defined in Penal Code Section 240 for assault and battery charges, which involves an unlawful attempt, coupled with a present ability, to commit a violent injury on another. Assault is often associated with battery, but the two are distinct and separately chargeable crimes. Whereas a battery occurs when a violent injury upon another person is actually carried out, an assault occurs when an attempt is made to cause the violent injury. The crime of assault is completed even if no bodily injury occurs. Generally, an assault conviction brings with it a maximum fine of $1,000 and/or imprisonment in county jail for up to 6 months.

If you are faced with an assault charge, it is imperative that you seek the assistance of an assault attorney who can help you develop your defense. Our Southern California criminal defense attorneys at Wallin & Klarich have been representing people charged with assault and battery cases for over 30 years. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there when you call.

Posted in Assault, Battery, Domestic Violence, Law & Information | 3 Comments »

How to Determine whether One’s Conduct Amounts to Stalking under California Penal Code 646.9

Tuesday, March 30th, 2010

Under California Penal Code Section 646.9, “stalking” is defined as willfully, maliciously, and repeatedly following or harassing another person and making a credible threat with the intent to place that person in reasonable fear of their safety or the safety of their family. California’s stalking law also applies to cyber-stalking, or threats and harassing behavior [...]

Read Full Article

Posted in Criminal Defense, Law & Information | No Comments »

Persons Convicted of Oral Copulation With a Minor Not Required to Register as Sex Offender – Penal Code Section 290

Monday, March 29th, 2010

In a recent decision, the California Courts of Appeal, in the 6th Appellate District, ruled that a person convicted of receiving consensual oral sex from a minor is not required to register as a sex offender. The court held that imposing a registration requirement on those persons convicted of this offense would be a violation [...]

Read Full Article

Posted in Sex Crimes | 4 Comments »

I Am Accused Of Selling Nitrous Oxide To Minors – What Should I Do? – California Penal Code Section 381c

Saturday, March 27th, 2010

The California legislature has enacted new law under California Penal Code section 381c, which subjects individuals to criminal prosecution when they sell or distribute nitrous oxide to minors. As used in this provision, nitrous oxide refers to any of the following substances: N2O, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas. If a person [...]

Read Full Article

Posted in Drug Crime | 8 Comments »

New Law Targets Orange County Sex Offenders and How an Experienced Southern California Sex Crimes Defense Attorney Can Help You

Friday, March 26th, 2010

Last fall, the Orange City Council approved a law aimed at protecting children trick-or-treating on Halloween by an overwhelming 5-0 vote. Sex offenders living in that city who have offenses against minors are prohibited from decorating their residences with Halloween decorations, must turn off all exterior lights of their homes during Halloween, and must post [...]

Read Full Article

Posted in Criminal Defense, Sex Crimes | 15 Comments »

Crime in One County Can be Joined with a Crime in Another County – California Penal Code Section 288

Thursday, March 25th, 2010

The California Courts of Appeal recently held when more than one violation of Penal Code Section 288 occurs in more than one jurisdictional territory and the offenses are properly joinable, the jurisdiction lies in any jurisdiction where at least one of the offenses occurred. In People v. Delgado (No. G041561), the defendant Phillip Delgado sexually [...]

Read Full Article

Posted in Appeals | 9 Comments »

California Supreme Court to Decide Whether or Not Jessica’s Law Violates the State Constitution and How an Experienced Southern California Sex Crimes Attorney Can Help You – Proposition 83

Wednesday, March 24th, 2010

Convicted repeat sex offenders can be imprisoned indefinitely in California state prison under Jessica’s Law. However, they might be getting out sooner then you think, as this law could be in violation of the Equal Protection Clause of the California State Constitution. The California Supreme Court has not struck down this section of Jessica’s Law [...]

Read Full Article

Posted in Criminal Defense, Law & Information, Sex Crimes | 3 Comments »

A Prop. 36 Participant may use Medicinal Marijuana – California Penal Code 1210.1 and 11362.5

Tuesday, March 23rd, 2010

Proposition 36 (“Prop. 36”) is a diversion program available for individuals who are trying to clean up from their addiction to drugs and to avoid jail time. What happens if the individual enters the Prop. 36 program, but the individual has a prescription for medicinal marijuana? In People v. Beaty (No. F055868), the appellate court [...]

Read Full Article

Posted in Criminal Defense, Drug Crime, Law & Information, Marijuana Sales, Possession of Marijuana | 16 Comments »

What Does the Prosecution have to Prove in Order to Convict a Defendant of Sexual Molestation? – California Penal Code Section 288(a)

Monday, March 22nd, 2010

Sexual molestation in Orange County is a serious charge. California Penal Code Section 288(a) provides that any person who willfully and lewdly commits any lewd or lascivious act upon or with the body… of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, [...]

Read Full Article

Posted in Criminal Defense, Law & Information, Sex Crimes | 6 Comments »

I am Accused of Possession for Sale of Controlled Substances – What Should I Do? – California Health and Safety Code Section 11351

Saturday, March 20th, 2010

Anyone charged with possession for sale of a controlled substance should speak with an experienced drug possession attorney in California. Possession for sale of controlled substances is a serious crime with harsh penalties. California Health and Safety Code Section 11351 makes it illegal to possess controlled substances for the purposes of selling them. To be [...]

Read Full Article

Posted in Criminal Defense, Drug Crime, Law & Information | 2 Comments »