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.

Because of the media attention this incident has received, it would take an experienced battery defense attorney to go over the facts of the case and prepare a solid legal defense for the accused officers, as the penalties they face would be extremely severe.

In California, battery is codified under Penal Code Section 242. It states in pertinent part that “battery is any willful and unlawful use of force or violence upon the person of another.” If the victim suffers great bodily injury, as defined by the penal code, the battery may be charged as a felony.

The punishments associated with a felony battery conviction are severe. If convicted of a felony battery in California, the officer faces up to four-years in state prison. A felony battery conviction may result in a strike conviction for the accused officer. Conversely, if the officer is charged with a misdemeanor battery conviction, they face up to six-months in county jail, as well as probation and fines and fees.
The accusations in the Kelly Thomas case have attracted national media attention, and even raised the ire of the international hacking collective known as Anonymous. While the details of the case are still being investigated, this second set of allegations certainly should raise concerns at the Fullerton Police department.

If you or a loved one has been arrested for battery, 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.

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.

Battery on the other hand is any willful and unlawful use of force or violence upon the person of another as defined in Penal Code Section 242. Battery is a completed use of force or violence upon another person.

Punishments and consequences of an assault or battery conviction include: Informal probation for up to 3 years, county jail time, fines, community service and a batterer’s program.

If you or someone you love has been accused of a crime of violence such as assault or battery in California, contact the experienced San Bernardino criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.

The first type of common spousal battery is based on Penal Code section 273.5, called corporal injury to a spouse or cohabitant. This type of crime is typically charged when the battery results in a visible injury on the person’s body. The law calls this injury a “traumatic condition.” This crime can be charged even when the injury is a tiny bruise or scratch.

The second type of common spousal battery is based on Penal Code 243(3)(1), called domestic battery. This crime is typically charged when the battery does not result in a visible bodily (or corporal) injury. The important thing to remember here is that any time a person touches his or her spouse in a rude or offensive way, even if non-violent, that person can be charged with battery on a spouse under this section of the Penal Code.

At Wallin & Klarich, our attorneys have decades of experience defending people of the crime battery on a spouse. We have had thousands of these types of cases dropped by persuading the judges and prosecutors that our clients were wrongly accused of this particular crime. We would appreciate the opportunity to help you. Contact us as soon as possible to receive our assistance in freeing you of this awful criminal allegation. You can reach us toll free at 1-888-749-0034 and visit us at www.wklaw.com

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.

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.

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.

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.