Assault

How an Experienced San Diego Criminal Defense Attorney Can Help You

It was recently reported that a La Mesa man was taken into custody on suspicion of robbery, assault with a deadly weapon, and possession of drugs and a syringe. Police believe he is the man who recently stole a purse from a woman walking to her car in a La Mesa Wal-Mart parking lot. During the incident, Mann allegedly used a knife to cut the strap of the purse but also ended up badly cutting the woman’s hand. Mann was on parole for a previous conviction when this crime took place. Another man, David Ennis, was also arrested in connection with the purse snatching. Ennis was believed to have been driving the vehicle that helped Mann flee the scene of the crime.

The punishment for a robbery conviction can be up to five years in state prison. Assault with a deadly weapon charges can be either a felony or a misdemeanor, depending on the circumstances of the case. An assault with a deadly weapon other than a firearm conviction can result in a year in jail, thousands of dollars in fines, probation, restitution, and court-ordered rehabilitation programs. A possession of a controlled substance conviction can result in up to three years in state prison.

The San Diego criminal defense attorneys at Wallin and Klarich have years of experience helping clients facing all types of criminal charges. Our San Diego criminal defense attorneys will investigate your case and find ways to successfully defend you with the goal of getting your charges dismissed or reduced, keeping you out of jail. If you or a loved needs a knowledgeable and skilled San Diego criminal defense attorney, contact our law office today. Call 1-888-749-0034 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys. Please visit us at www.wklaw.com. We will be there when you call.

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.

Carey Lynn Barton from Escondido, California was recently arrested as reported by San Diego 10 News. 47-year-old Barton was charged with “suspicion of residential burglary, assault with a deadly weapon, battery and dissuading a witness.” Police believe Barton broke into the home of an elderly woman on East Vista Way. The elderly woman told police that Barton threatened her with a knife by putting it to her neck and then hit her in the face. She also told police that the burglar used a belt in an effort to strangle her before stealing and driving off in her car.

There are a number of crimes implicated here, but the charges of burglary and assault with a deadly weapon in San Diego are most prominent. California Penal Code section 459 defines burglary as entering a structure with the intent to commit a crime (such as theft) once inside. California Penal Code section 245(a)(1) defines an assault with a deadly weapon as an unlawful attempt to cause bodily injury to another with a weapon or any means of force that is likely to cause death or great bodily injury. Holding a knife to a person’s neck, for example, constitutes an assault with a deadly weapon. These charges are extremely serious felonies. If convicted, Barton would be facing many years in prison

If you are facing charges of burglary or assault with a deadly weapon, make sure you speak with an experienced Southern California criminal defense lawyer immediately. Due to the serious nature of the crimes, you will need an experienced lawyer to assist you in planning the best legal defense possible. At Wallin & Klarich, we have been representing those accused of burglary and assault with a deadly weapon for over 30 years. Call us today at 888-749-0034 or visit us online at www.wklaw.com.

News outlets recently reported that Daniel Kerrigan, father of Olympic figure skater Nancy Kerrigan, died after what authorities said was a violent struggle with his son Mark in the family home. Mark Kerrigan, 45, has plead not guilty to assaulting his 70-year-old father.

The Kerrigan family maintains that Daniel Kerrigan died of a massive heart attack and there was nothing suspicious about his death. However, when police responded to a 911 call at the Kerrigan family home at 1:30 am last week, Daniel Kerrigan was found on the floor of his home unconscious with blood on the floor. Mark Kerrigan, who was living in the basement, appeared intoxicated, “belligerent and combative,” but coherent when questioned by police. Officers used pepper spray to subdue Mark Kerrigan before he was arrested.

Mark Kerrigan told police officers he got into a physical altercation with his father after they got into an argument over the use of a telephone. He said he put his hands around his father’s neck before his father fell to the floor. There were signs of a struggle, including pictures knocked off the wall and a broken piece of telephone.

Mark Kerrigan had a history of trouble with the law, including arrests for assault and battery, assault with a dangerous weapon, malicious destruction, and violation of a restraining order. His attorney, Denise Moore, stated Mark Kerrigan is “extremely distraught over the death of his father and denies any responsibility.” She also stated her client was on medication for post-traumatic stress syndrome and was seeing a psychiatrist.

Mark Kerrigan has several defenses available. A solid criminal defense attorney should begin an immediate investigation in anticipation of Mr. Kerrigan’s criminal prosecution. All clients deserve effective assistance of counsel and a thorough investigation of the circumstances surrounding the incident is vital for a strong defense. A criminal defense attorney will need all of the important facts at his or her disposal to frame the narrative in a way that shows Mr. Kerrigan in the best light.

In order to make sure that your rights are accurately and aggressively defended after being charged with assault in Southern California, you should contact the experienced Southern California assault criminal defense law firm of Wallin & Klarich. Our attorneys have over 30 years of experience defending assault cases. We conduct thorough investigations of all our clients’ cases, making sure every detail is considered. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-749-0034 or visit www.wklaw.com. We will be there when you call.

In California, an assault/battery is committed when one person does either of the following:

1. Tries to or does physically strike another
2. Acts in a threatening manner to put another in fear of immediate harm.

Also the law in California declares that a more serious or “aggravated” assault/battery occurs when one does either of the following:

1. Tries to or does cause severe injury to another
2. Causes injury through use of a deadly weapon

Historically, laws treated the threat of physical injury as “assault”, and the completed act of physical contact or offensive touching as “battery,” but many states, including California, no longer differentiate between the two.

If you have been charged with assault and battery, contact the experienced Southern California criminal defense lawyers at Wallin and Klarich as soon as possible. Our attorneys have been defending the rights of those facing criminal charges in California for over 30 years, providing us with the resources and knowledge to obtain a successful outcome in any criminal case. Call Wallin and Klarich today at 888-749-0034 for a case evaluation.