Self-Defense in Assault Cases in California
If You Are Accused Of An Assault Charge In California Can You Make A Winnable Self-Defense Argument? “What is “Justifiable Force”? Penal Code Section 245
If You Are Accused Of An Assault Charge In California Can You Make A Winnable Self-Defense Argument? "What is "Justifiable Force"? Penal Code Section 245 Before we dive into the specifics of California's PC 245, we must lay the groundwork by exploring the concept of self-defense in assault cases. It is a fundamental right—both a moral instinct and a legal principle—to protect oneself when faced with imminent harm. However, the…
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Simple Assault vs. Aggravated Assault in Irvine: Legal Distinctions and Consequences
Simple Assault vs. Aggravated Assault: Legal Distinctions and Consequences Assault is a serious crime that can result in severe penalties and consequences. In Irvine, assault charges fall under two categories: simple assault and aggravated assault. Continue reading to learn about the differences between simple assault and aggravated assault. Choosing Wallin & Klarich to represent you will help you to achieve the best outcome in your case. We have over 40…
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Will Smith v. Chris Rock | Should Celebrity Status Allow a Crime to go Unpunished?
Will Smith v. Chris Rock | Should Celebrity Status Allow a Crime to go Unpunished? It is likely by now that you have heard the news and even seen the video that surfaced around the world the night of the 94th Oscars. Chris Rock, who has been a celebrity comedian for many years, made a joke about Jada Pinket Smith, who is Will Smith’s wife. Soon after the joke was…
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In re Viehmeyer: Can a Person Be Eligible For Early Parole Under Prop 57 if She is Convicted of Violent and Non-violent Felonies?
In re Viehmeyer: Can a Person Be Eligible For Early Parole Under Prop 57 if She is Convicted of Violent and Non-violent Felonies? In 2002, Viehmeyer was pulled over in Santa Ana, California for making an illegal “U-turn” and while running the plates, the officer found the vehicle was reported stolen. Viehmeyer got out of his car and began running from the police. While running, Viehmeyer pulled out a gun…
Read MoreIF YOU PUNCH A COP YOU LIKELY WILL GO TO JAIL!!!
IF YOU PUNCH A COP YOU LIKELY WILL GO TO JAIL!!! Well, don’t because California Penal Code Section 243(b) makes punching a cop illegal. However, you can only be convicted of battery on a police officer if the following elements can be proven beyond a reasonable doubt: The officer was performing their duties as a peace officer. You willfully touched the police officer in a harmful or…
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Is Assault a Misdemeanor or Felony? (PC 240)
Is Assault a Misdemeanor or Felony? (PC 240) Most people know that crimes are charged as misdemeanors or felonies in California. However, what many people do not know is that a great number of criminal offenses are considered “wobbler” offenses, which means they can be charged as either a misdemeanor or a felony depending on the circumstances of the case. The crime of assault is one of those crimes. Let’s…
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California Hate Crime Laws
California Hate Crime Laws In California, if you commit a crime and a substantial factor in your motive for the criminal act was targeting a person or group of people because of their race, religion, ancestry, gender, sexual orientation, skin color, disability, or national origin, it is considered a hate crime. In order to convict you of a hate crime, the prosecution must prove beyond a reasonable doubt that a…
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Aggravated Assault with Deadly Weapon (PC 245)
Aggravated Assault with Deadly Weapon (PC 245) As defined under California Penal Code Section 245, an assault with a deadly weapon is an assault involving the use of “a deadly weapon or instrument.” An “assault” is an unlawful attempt to commit a violent act that would cause an injury against another if successful. A key element of this crime is how the law defines “deadly weapon or instrument.” Under PC…
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Self-Defense in Assault with Deadly Weapon Cases (PC 245)
Self-Defense in Assault with Deadly Weapon Cases (PC 245) Under California Penal Code Section 245, an assault with a deadly weapon is an assault committed involving the use of “a deadly weapon or instrument.” An assault is an unlawful attempt to commit a violent act that would cause an injury against another if successful, if you had the ability to commit the act at the time. Self-defense is one of…
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Self-Defense in Assault Cases in California
Self-Defense in Assault Cases in California Assault is a common crime, but one that is often misunderstood. An assault does not require that any person be physically touched. Rather, it involves you doing a willful act that could result in physical force being applied to another. For example, if you throw a punch at someone and miss, you could be charged with assault. But, what if you only took a…
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