35+ Years Criminal Defense Experience in California

awards

Assault with a Deadly Weapon Defenses – CA PC 245(a)(1)

When charged with 245(a)(1) PC, you should have an attorney by your side who knows the best assault with a deadly weapon defenses and will fight for you using a smart and effective strategy. As it turns out, there are several assault with a deadly weapon defenses available that could result in a dismissal or reduction of your assault with a deadly weapons charge. Here are some successful defenses that our California criminal attorneys can raise on your behalf:

PC 245 (a)(1) Defense 1: Lack of Voluntary Act

Aggravated assault, as defined under Penal Code Section 245, is a crime of general intent. This means that the prosecution is not required to show that you intended to cause the exact harm or injury resulting from your act. It is only necessary to show that you intended to commit the act itself. However, the prosecution has the burden of proving that you committed the act voluntarily. Any evidence showing that your actions were done by accident, mistake, or through carelessness may prove to be successful assault with deadly weapon defenses against an aggravated assault charge.

PC 245 (a)(1) Defense 2: Factual Impossibility

Wallin & Klarich's team of assault with a deadly weapon defense attorneys in Orange County have over 30 years of experience defending clients facing assault with a deadly weapon charges. Our attorneys will implement a smart and effective defensive strategy that may result in a reduction or dismissal of your assault with a deadly weapon charges pursuant to CA PC 245(a)(1). Call us today at (877) 466-5245.
Allow Wallin & Klarich to defend you against charges of Assault with a Deadly Weapon in California – PC 245(a)(1). We will be there when you call.

When evaluation the possible assault with a deadly weapon defenses available for your particular case, your attorney can argue that it would have been factually impossible for you to commit the assault because you lacked the present ability to inflict any type of injury. For example, your attorney can argue that at the time of the alleged assault, you had a physical disability or injury making it impossible for you to actually inflict harm upon another person.

PC 245 (a)(1) Defense 3: Self-Defense or Defense of Others

By claiming this defense of several assault with a deadly weapon defenses, your attorney can argue that your actions are justified because you acted to protect yourself or others from harm. Self-defense can excuse a criminal act if it was a reasonable response under the circumstances and if you acted in good-faith. This defense requires that:

  1. It was reasonable to believe that you or another person was in imminent danger of suffering great bodily injury AND
  2. You believed that immediate force was necessary to avoid the threat AND
  3. You used no more force than necessary to defend against the threat

PC 245 (a)(1) Defense 4: Consent

Another of the assault with a deadly weapon defenses your attorney can argue is that the alleged victim consented to the assault. This issue typically arises in situations where consent is required to undergo medical surgery or when it is implied due to the very nature of the activity, such as participation in physical sports. For example: voluntarily playing street hockey will likely show that the alleged victim consented to the possibility of being hit by another person, a hockey stick or even the puck.

Contact an experienced Orange County assault with a deadly weapon defense attorney at Wallin & Klarich

If you are looking for an attorney in the Orange County area to represent you in an assault with a deadly weapon charge, Wallin & Klarich can help. With over 30 years of experience and offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina, our highly skilled and professional defense attorneys will conduct a thorough investigation of your case, conduct several assault with a deadly weapon defenses, and passionately argue your side of the story.

If you are facing prosecution for assault with a deadly weapon, call our Orange County assault with a deadly weapon defense lawyers today at (877)4-NO-JAIL. We will be there when you call.

Was This Article Helpful? Please Share it.

Contact Us

Get Help Now

If you or a loved one have been accused of a crime, now is the time to contact us.
  • This field is for validation purposes and should be left unchanged.

Related Testimonials

    "

    I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”

    View All
    "

    My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”

    View All
    "

    ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. But our shock turned into horror when he was charged with felony arson. We immediately hired the Law Firm of Wallin & Klarich. After a review of the evidence, Wallin & Klarich had … Continue reading “Client Testimonials: Arson”

    View All
attorneys

Contact Us Now

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.
awards
Get In Touch
Contact Info
wklaw
17592 Irvine Blvd. Tustin, CA 92780 (714) 730-5300
(877) 466-5245
Counties

Los Angeles County

Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu

Orange County

Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park

Riverside County

Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells

San Bernardino County

San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles

San Diego

San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar

Ventura

Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai

Copyright © 2018 Wallin & Klarich - All rights reserved
California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.
X