With Sanchez’s death, the district attorney’s office is reviewing the Sheriff’s Department’s request to charge Blancarte with homicide rather than attempted murder, officials said.  If the medical records show that the victim died as a result of the injuries suffered in the attack, or a complication thereof, then it is a virtual certainty that Blancarte will indeed face murder charges.  The rape charges carry a maximum of eight years in prison.  However, attempted murder carries half of the potential term as murder so Blancarte’s maximum exposure in this case will likely increased significantly now that his victim has died.  Blancarte remains jailed and his bail has been set at just over $1 million.

If you or a loved one is facing  criminal charges in California it is important that you contact an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of  crimes. Our attorneys are highly knowledgeable and will aggressively fight to defend your rights and get you the best possible result in your case. Call us today at (888) 749-0034 or contact us on our website at www.wklaw.com. We will be there when you call.

On August 8, 2006, defendant Amir Ahmed shot his girlfriend causing significant injury. Their stormy relationship included previous instances of mutual amphetamine use and frequent conflicts, and they had been broken up for about a month just prior to the shooting. Because the shooting occurred just after an argument between Ahmed and the victim, the main issue at trial was whether the shooting was accidental or intentional.

Ahmed was found not guilty of attempted murder (PC 187 and PC 664) and attempted voluntary manslaughter (PC 192 and PC 664), but was found guilty of assault with a firearm (PC 245(a)(2)). As to the assault charge, the jury found true the firearm use (PC 12022.5(a)) and great bodily injury (PC 12022.7(e)) special allegations. Neither enhancement was stayed, and the court sentenced Ahmed to a total of 13 years in state prison.

Under Penal Code section 654(a), the same act or omission can only be punished under one provision of law. This means that a person can be convicted of multiple crimes arising from the same criminal act, but can only be sentenced under the Penal Code section that provides for the highest sentence. The court looks to the intent and object of the actor to determine whether a course of conduct is considered the same act or objective. Penal Code section 654 also applies to enhancements under certain circumstances.

The court of appeal held that imposing unstayed sentencing enhancements for both the firearm use and the great bodily injury in these circumstances violated Penal Code 654. The firearm use and great bodily injury enhancements were imposed because of the same act: Ahmed pulling the trigger. Thus, under these circumstances, his sentence could not be enhanced by both special allegations, and the court reduced Ahmed’s sentence to 10 years.

If someone you know was convicted of multiple crimes stemming from the same incident, contact a Southern California criminal defense attorney to determine whether you should appeal your case. Criminal trials can be long and arduous, and frequently the court or the attorneys make mistakes. A good criminal appellate attorney can review the trial transcripts and identify any errors that may have affected your rights, which may result in your conviction being overturned, a new trial, or a sentence reduction.

If someone you know wishes to explore a criminal an appeal, you will need an experienced Southern California appellate lawyer to closely examine the transcripts for any errors that may have affected the case. At Wallin & Klarich, we have helped people with criminal appeals 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.

There are two types of murder in California: murder in the first degree and murder in the second degree. First degree murder is the most serious charge that involves a killing of a human being that is either willful, deliberate, and premeditated, or committed in the perpetration, or attempted perpetration of certain serious felonies including arson, rape, carjacking, robbery, and burglary. All other types of murder constitute murder in the second degree. A conviction for the first degree murder is punishable by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. A conviction for second degree murder is normally punishable by imprisonment in state prison for a term of 15 years to life.

If you have been accused of murder, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/murder-PC187. We will be there when you call.

Gallo’s blood alcohol content was at least .19 percent, almost three times the legal limit.  Gallo was on probation for a previous DUI at the time of the accident.

Gallo’s attorney plans to file an appeal.

Under PC 187(a), a person is guilty of second degree murder if he or she commits an unlawful killing of another human being with malice aforethought.  Malice aforethought is a legal term meaning describing the mental state necessary to be convicted of murder.  In Gallo’s case, malice aforethought meant that the death resulted from acting with a reckless disregard for human life by driving while under the influence of alcohol.  A person convicted of PC 187(a) will be sentenced to 15 years to life in prison.  The additional sentencing enhancement was likely due to special allegations regarding the circumstances of the offense or because of Gallo’s prior DUI conviction.

If you have been charged with murder in the context of DUI, the first thing you should do is contact an Orange County criminal defense attorney.  You are facing very serious charges, and you will need an experienced criminal defense attorney to look over the facts and the law as soon as possible so you can start planning your defense.  If you are not in custody, a warrant for your arrest has probably been issued.

The only thing you should say to law enforcement is that you refuse to speak to them and that you wish to contact your attorney immediately.  Do not delay, because the longer you wait the more likely you will accidentally say or do something that could be highly damaging to your case.

If you have been accused of DUI or murder, you will need a highly experienced Southern California DUI lawyer to aggressively defend you against these charges.  At Wallin & Klarich, we have help people accused of murder and DUI 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.

Susan Wright was found guilty of first-degree murder in 2004 for the stabbing death of her 34-year-old husband, Jeffrey Wright. Claiming abuse at the hands of her husband, Susan contended that she stabbed Jeffrey in self-defense. Prosecutors alleged, however, that she tied her husband’s limbs to the bed in an act of seduction and then began to stab him repeatedly. The jury returned a guilty verdict and the judge sentenced her to 25 years in prison.

An appeals court upheld the guilty verdict, but overturned the sentence, citing inexperience on the part of Wright’s defense attorney. A new jury was ordered to hear testimony and decide anew Wright’s sentence.

During more than two weeks of dramatic testimony from expert witnesses, family members, Jeffrey Wright’s ex-girlfriends, and neighbors of the Wrights, the central purpose of the hearing was to determine whether Mr. Wright was a violent, abusive husband or if Susan’s act was simply cold-blooded murder.

The five women and seven men of the jury deliberated for more than 10 hours over the course of two days before handing down their verdict. Wright would be eligible for parole in 2014.

Under California Penal Code 187, murder is defined as causing the death of another person, or fetus, with malice aforethought. This “malice aforethought” requirement means that the culprit either intended the killing or acted with conscious disregard for the safety of human life. First-degree murder is the most serious form of murder in California. It can be charged if the killing was committed by lying in wait, while inflicting torture, or if it was committed in a manner that was willful, deliberate, and premeditated. If convicted, penalties may include a sentence of 25-years-to-life in state prison. However, it is also possible to incur the death penalty or a life sentence without the possibility of parole based on the circumstances of the case.

If you are facing murder charges, it is imperative that you seek the advice and counsel of an experienced criminal defense attorney. At Wallin & Klarich, our Orange County attorneys have over 30 years of practice experience and can help you raise the best possible defenses in your murder case. We will work to ensure that your rights are protected and that you receive aggressive legal representation. Call us today at 888-764-2615 or visit us online at www.wklaw.com. We will be there for you when you call.

The Billings had installed 16 cameras around their home to keep watch over the 13 children for whom they cared. Nine of the children were home the night when a red van pulled up to the house carrying a team of masked men dressed like ninjas.

Images from the cameras depicted a shirtless Byrd Billings and his wife as the masked men surrounded them. Byrd was shot twice in the leg by one of the men with a gun, later identified as 35-year-old Leonard Gonzalez Jr. The couple was then led upstairs to the master bedroom where it is alleged that Gonzalez fatally shot the couple as one of their special-needs children watched from within the room.

The men allegedly entered the home in hopes of stealing the family’s safe, which they believed contained upwards of $13 million. A small safe containing prescription medication, family documents, and some jewelry was taken from the house and later recovered in the backyard of a woman identified as a friend of Gonzalez’s.

Prosecutors argue that Gonzalez was clearly motivated by financial gain. Gonzalez’s wife, Tabitha Gonzalez testified that the family business, a martial arts studio, had gone under, leaving no means of support for their six children.

Gonzalez faces the death penalty if he is convicted of first-degree murder.

First-degree murder is a capital offense in California, which means it is punishable by death or a life sentence in prison without the possibility of parole. Murder is broadly defined in California Penal Code 187(a) as the killing of a human being (or fetus) with malice aforethought.

To be specifically convicted of murder in the first-degree under Penal Code Section 189, the prosecution must show that you murdered a person by use of a destructive device or weapon; by lying in wait or inflicting torture prior to the killing; by killing in a manner that is willful, deliberate, or premeditated; or by killing while in the process of committing a dangerous felony.

If you are facing murder charges, it is very important that you seek the knowledge and advice of an experience criminal defense attorney. Our attorneys at Wallin & Klarich have over 30 years of practice experience in handling serious criminal cases that includes murder. We will work diligently on your behalf to raise the best possible defenses and ensure that your rights are zealously protected. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there for you when you call.

In early 2004, Rafael Ramirez confronted Anthony Boothe, a member of a rival gang, concerning a stolen cell phone. After the men argued in the street, they walked away. According to witness testimony, the men returned a short time later where they then heard gunshots. Boothe died from multiple gunshot wounds. Conflicting witness testimony was also heard concerning the altercations; one witness testified that Boothe had punched Ramirez in the first altercation.

Ramirez was charged with one count of murder and a number of firearm offenses. At the end of trial, the jury returned a “guilty” verdict of the charges which included first-degree murder. Ramirez appealed, claiming that the trial court erred in failing to give the jury instructions on voluntary manslaughter as a lesser-included offense of murder.

The appellant court agreed with Ramirez’s argument. In reversing part of the lower court’s decision, the court stated that omitting an instruction on heat of passion voluntary manslaughter did constitute an error and that it was not then made harmless by a jury finding that the defendant was guilty of first-degree murder instead of second-degree murder. In light of the fact that the evidence against Ramirez all came from inconsistent statements of witnesses who were not only gang members, but also suspects in the shooting, the court concluded that is was not unreasonable to believe he would have obtained a more favorable result had the jury been instructed concerning the voluntary manslaughter theory.

The legal consequences that come with a first degree murder conviction, as opposed to a voluntary manslaughter conviction, are significantly more severe. First degree murder in California is considered a capital offense and can warrant either a life sentence in state prison without parole or the death penalty. A three to eleven-year sentence that a voluntary manslaughter conviction carries pales in comparison.

If you are facing serious homicide charges like murder or manslaughter, it is imperative that you seek the legal assistance of an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience handling homicide cases. We will work hard to ensure that your rights are preserved while helping you present the best possible defense in your case. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there for you when you call.

After the sentencing was announced, the victim’s mother emerged from the Los Angeles courtroom muttering, “Nothing, he got nothing!” The family declined to talk to reporters. Mehserle had faced up to 14 years in prison for his involuntary manslaughter conviction that included a gun enhancement that increased his sentence.

Supporters of the victim stood outside the courthouse chanting, “Mehserle is guilty, guilty. The whole damn system is guilty, guilty.”

Responding to a report of a fight in the early hours of New Year’s Day 2009, Mehserle, 28, shot and killed Oscar J. Grant III, 22, as he laid face-down on the platform floor. During his trial in Los Angeles, Mehserle contended that he had mistakenly used his firearm when intending to pull out his electric Taser.

Prosecutors argued that Mehserle did intend to reach for his handgun as he tried to handcuff an unresisting Grant. They also argued the fact that the officer’s holster was specially designed to prevent the easy release of his firearm and contrasted the light-weight, yellow Taser gun compared with the heavier, black Sig Sauer handgun that Mehserle fired.

Video footage taken by several witnesses shows Mehserle firing one round into the back of Grant. The incident sparked racially charged rioting in Oakland which erupted again when a Los Angeles jury acquitted Mehserle of murder but found him guilty of the lesser crime of involuntary manslaughter.

A shackled Mehserle stood before the judge and apologized for the shooting, maintaining that the incident was accidental and not racially motivated.

The trial had been moved from Alameda County to Los Angeles because the extensive media coverage and the violent public jeopardized Mehserle’s chances of receiving a fair trial.

Back in Oakland, where a memorial was being set up for Grant, his grandfather, Oscar Grant Sr., 65, discouraged violent protest in light of the sentence announcement.

“My message to the public is don’t use this as a reason to destroy this city,” he said.

Involuntary manslaughter under California Penal Code Section 192(b) is an unlawful killing of a human being that was unintentional. A killing of this kind occurs during the commission of an unlawful act (although not a felon) or during the commission of a lawful act that poses the threat of death or great bodily harm if carried out without due caution or circumspection. If convicted, the statutory punishment for involuntary manslaughter includes punishment in state prison for two, three, or four years. However, a longer sentence of up to 10 additional years may be incurred if a firearm was used in the commission of the crime. See California Penal Code Section 12022.5.

If you are facing homicide charges such as involuntary manslaughter, it is very important that you seek the legal representation of an experienced criminal defense attorney. At Wallin & Klarich, our Orange County attorneys have over 30 years of experience in handling murder and manslaughter cases. We will put our experience to work in helping you raise the best possible defenses in your case. Call us today at 888-764-2615 or visit us online at www.wklaw.com. We will be there for you when you call.

Under California law, the punishment for a torture conviction is life imprisonment.  In the present case, the torture charge was dismissed as part of the plea agreement with prosecutors.  The fourth defendant did not take a plea bargain, and her case is set to go trial.

The 16 year-old victim in this case was allegedly chained to the wall, and severely  beaten and burned over a one-year period. The 16 year-old managed to escape the home and run to a nearby business for help.

If you or a loved one has been arrested, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping 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 www.wklaw.com for more information.

With the help of the media and the efforts of two good Samaritans, police arrested Gregorio Gonzalez, 24, a suspected gang member who is accused of taking the girl.

Gonzalez was apprehended when a good Samaritan later identified as Victor Perez was driving and noticed that Gonzalez’s vehicle matched the description he had seen on a news report of an abducted girl.

Perez followed Gonzalez and pulled in front of the truck, momentarily cutting it off. This allowed the young girl to open the passenger door and escape where a second good Samaritan was waiting to take her in. Perez was able to obtain a partial license plate number, which he relayed to police dispatchers.

Gonzalez’s truck was eventually found behind an apartment complex near a church. Alone and unarmed, Gonzalez was taken into custody without incident.

The girl was taken to a nearby hospital for an examination. Police later said that she was the victim of sexual assault that probably took place in a wooded area outside of town before Gonzalez drove back into Fresno.

Gonzalez faces charges that include sexual assault, kidnapping, and false imprisonment.

If the allegations are substantiated, Gonzalez may face sexual assault charges under California Penal Code Section 288, which punishes lewd acts with a child under 14 years of age. As a sexual assault offense, a violation of PC 288 is committed by touching a child’s body for the purpose of sexual arousal or gratification. A conviction can lead to imprisonment in state prison for a period of up to eight years and a lifetime obligation, pursuant to California Penal Code 290, to register as a sex offender in the state.

Kidnapping, as defined under Penal Code 207, is the use of force or intimidation to move a person against his/her will across a distance. If convicted of kidnapping, the punishment includes imprisonment in state prison for three, five, or eight years. If the victim was under 14 years of age at the time of the offense, the penalty increases to five, eight, or eleven years in state prison.

Under California Penal Code Section 236, the crime of false imprisonment occurs when a person restrains, confines, or detains another person without consent. If violence, menace, fraud, or deceit was used to restrict the other person’s movements, the offense will likely be prosecuted as a felony. A conviction for felony false imprisonment can result in imprisonment in state prison for a period between 16 months and three years.

If you are facing serious charges that include kidnapping, false imprisonment, or sexual assault against a minor, do not hesitate to contact an experienced criminal defense attorney. At Wallin & Klarich, our Southern California criminal defense attorneys have over 30 years of experience in handling cases of this kind and will aggressively fight to ensure that the best possible defenses are raised on your behalf. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there for you when you call.