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 person came forward claiming he was also a victim of police brutality at the hands of the same officer alleged to have killed the homeless man.
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.
