CATEGORY: ‘Battery’

How NOT to do Your Last Minute Christmas Shopping

Friday, December 23rd, 2011

Every year, stories from around the county stream into newsrooms regarding shoppers behaving badly on Black Friday. From the tragic to the downright comical, it seems as though some bargain hunters should retain an experienced assault attorney before getting in line at the local shopping mall.

This year was no different. Shoppers at Wal-Mart in Porter Ranch, CA were hoping to cash in on Black Friday savings as they packed the retail store Thanksgiving night. What many shoppers received instead was a face full of pepper spray after a fellow shopper allegedly sprayed the crowd. According to law enforcement, a women turned herself into police after the incident received nationwide news coverage.

According to authorities, about twenty people suffered minor injuries following the incident. The suspect was released by law enforcement pending further investigation of the event. At this time, it is unknown what, if any charges the women will face.

In California, battery is codified under penal code section 242. It defines battery as “any willful and unlawful use of force or violence upon the person of another.” A battery crime can be either charged as a felony or misdemeanor, depending on the circumstances. If charged as a misdemeanor, the person faces up to six months in county jail, a two-thousand dollar fine, and probation.

If you or a loved one has been arrested, it is imperative you contact our firm. Hiring an experienced criminal defense law firm is the best way to ensure you keep your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

Another Allegation Of Police Brutality In Fullerton

Monday, September 19th, 2011

The Fullerton Police Department has been under severe scrutiny over the death of a 37-year old homeless man a few months ago. The man’s family filed a suit against the city alleging that the man was killed as a result of a severe beating at the hands of several Fullerton police officers. On Friday, another [...]

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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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BATTERY ON A SPOUSE

Friday, December 17th, 2010

Battery on a spouse, also called spousal battery, is a form of domestic violence and punished very severely in California. Spouse abuse can be charged either as a felony or a misdemeanor. There are two types of battery on a spouse that are most frequently charged. The first type of common spousal battery is based [...]

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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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Mike Tyson and Battery Charges

Monday, January 18th, 2010

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 [...]

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I am Charged with Assault and Battery, Can an Experienced Criminal Defense Attorney Explain?

Wednesday, November 18th, 2009

In California, an assault/battery is committed when one person does either of the following: Tries to or does physically strike another 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: [...]

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