Battery

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.

Following an altercation at LAX, Mike Tyson was arrested and taken to jail on suspicion of battery. According to the report by KTLA, the incident was between Tyson and a paparazzi photographer. The photographer was said to have been aggressive towards Tyson who allegedly hit the photographer. The photographer was taken to the hospital but was also arrested after his release. He will most likely be facing charges similar to Tyson. Tyson told police he was acting in self-defense and protecting his 10-month-old baby who was with him.

Battery is defined as any willful and unlawful use of force or violence upon the person of another by the California Penal Code 242. At Wallin and Klarich, we have experienced Los Angeles battery defense attorneys who understand the most effective ways of defending a battery charge.  Often in these cases, as in the case above, self defense can be a strong argument. We will investigate the facts of the case to see if this could be an option for you. We will ask the right questions to determine if we can push for dismissal of the charges altogether.

The battery defense attorneys at Wallin & Klarich have over 30 years of experience in handling these types of cases. Contact the experienced Southern California criminal defense lawyers at Wallin & Klarich today at 1-888-749-0034 or www.wklaw.com for a consultation of your case.

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.