CATEGORY: ‘Assault’

Two Students Stabbed at CSU Fullerton Cinco de Mayo Fraternity Party – PC 245(a)(1)

Friday, May 6th, 2011

On May 6, 2011, at around 1:40 AM, Fullerton police were called after a fight outside of CSU Fullerton frat party ended in two people sustaining stab wounds and police searching for the suspects.

Witnesses reported to police that several party-goers were standing outside of a Phi Sigma Kappa house when a group of six or eight males accosted two men, ages 21 and 22 years old. A fight ensued, and one of the suspects brandished a knife and stabbed the two men. The two men were transported to a local hospital for treatment and are listed in stable condition.

Under Penal Code section 245(a)(1), assault with a deadly weapon (also known as aggravated assault) is an unlawful attempt to injure someone using an object likely to cause significant injury. Though people most commonly think of deadly weapons as knifes or firearms, many common objects can be considered deadly weapons: car keys, a tree branch, a glass bottle, etc. Depending on the circumstances, assault with a deadly weapon may be charged as a misdemeanor or a felony, so punishment may range from probation and fines to up to four years in prison (if the deadly weapon is a non-firearm).

If you or someone you know is suspected of assault with a deadly weapon, the first thing you should remember is to refuse to talk to the police, except to say that you will remain silent and that you  wish to contact an attorney. As stated in the Miranda advisements, you DO NOT have to speak to police, but if you do, know that all your statements will be used against you. Police often twist your words, whether intentionally or unintentionally. Do not let them do this by keeping your mouth shut. Then, contact a Southern California criminal defense lawyer right away to begin your defense.

If you or someone you know is facing assault charges, you will need an experienced Southern California defense lawyer to aggressively represent you at all stages of trial. At Wallin & Klarich, we have helped people dealing with assault charges for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com. We will be there when you call.

NFL player arrested

Monday, April 4th, 2011

Tampa Bay Buccaneers Aqib Talib surrendered to police on Wednesday morning on a warrant for aggravated assault with a deadly weapon, the St. Petersburg Times reported.  His mother, Okolo Talib, reportedly turned herself in Tuesday afternoon which was reported by FOXSports.com’s Adam Caplan and NewsCore. According to police, Talib was involved in a fight on [...]

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Two Police Officers Relived Of Duty And Potentially Facing Sexual Assault Charges

Monday, April 4th, 2011

Two Chicago police officers have come under investigation after allegations of sexual assault surfaced.   The officers have been relieved of their duties, and there is an on-going criminal investigation underway. Investigators say the two officers allegedly sexually assaulted a 22-year-old women. Investigators claim the assault took place at the young women’s home. In California, sexual [...]

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Assault and Battery

Tuesday, February 22nd, 2011

Assault and battery charges in California is a form of violent offenses. Assault under California Penal Code 240 is an unlawful attempt, coupled with a present ability, to commit a violent injury upon another person. In other words, an act by someone which would likely result in force applied to another person is an assault. [...]

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I’m Charged With an Assault in San Diego – What Should I do Next?

Wednesday, January 19th, 2011

In California, Penal Code 240 defines an assault as an unlawful attempt, coupled with a present ability, to commit a violent injury to another person. To constitute an assault, it is not necessary to inflict any actual injury on another person. Rather, the law requires a showing that the person willfully committed an act that [...]

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ASSAULT

Tuesday, December 7th, 2010

An assault in California is an attempted battery. It is defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. In other words, it is a crime to try to hurt another person. An assault is accomplished even if the other person is not harmed. Frequently, an [...]

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Assault and Battery Defense Video

Monday, June 7th, 2010

httpv://www.youtube.com/watch?v=di4nGBBr8Ys Watch Video On You Tube

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Suspect Arrested On Suspicion of Robbery, Assault With A Deadly Weapon, and Drug Possession – California Penal Code Sections 211 and 245, Health and Safety Code Section 11350

Monday, April 5th, 2010

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 [...]

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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 [...]

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Burglary and Assault with a Deadly Weapon – California Penal Code Section 459 & 245(a)(1)

Friday, March 19th, 2010

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 [...]

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