Recently, Wallin & Klarich lawyer David R Cohn assisted our client in avoiding jail time after being charged with assault with a deadly weapon. Experienced criminal defense attorney and partner at Wallin & Klarich, David R. Cohn, negotiated a reduced punishment with the district attorney that kept our client out of jail. If convicted of aggravated assault, our client faced up to 4 years in county jail and up to $10,000 in court fines.
“This was a prime example of the district attorney overcharging an individual who admitted to doing something wrong,” said Mr. Cohn. “The consequences sought by the district attorney did not fit the alleged crime.”
Assault with a Deadly Weapon Charge
According to the record from the Orange County courthouse, our client was charged with assault with a deadly weapon in violation of PC 245. Mr. Cohn began by reviewing the facts alleged in the police report with our client. Prior to the district attorney filing formal charges against our client, Attorney Cohn met with the prosecutor in order to ensure that our client would not face felony charges. After the prosecutor agreed to file misdemeanor charges, Mr. Cohn skillfully negotiated a reduced punishment involving anger management classes and community service.
As a result of Mr. Cohn’s defense tactics, our client did not serve any jail time, did not pay any fine, and did not receive a felony conviction on his criminal record.
The consequences of an aggravated assault conviction can be severe. Your social life and ability to find gainful employment may be ruined. If you are confronted with accusations of PC 245, you need to contact the Law Offices of Wallin & Klarich immediately. With over 30 years of experience successfully defending clients accused of aggravated assault, we have the knowledge and skill needed to help you win your case. Your Wallin & Klarich attorney knows all of the defenses to a PC 245 charge and can raise any of the following on your behalf:
Lack of a voluntary act
To convict you of aggravated assault, the prosecutor must show that you acted willfully.
Example: You and your girlfriend were arguing in the kitchen. You were holding a kitchen knife in your hand during the argument since you were cooking dinner. During the argument, you tripped, fell forward, and barely missed her body with the knife. Since your actions were not deliberate, you may not be convicted under PC 245.
You may have a valid defense to PC 245 if the alleged victim consented to the assault.
Example: You are a member of a recreational soccer league. If you are accused of aggravated assault by an opponent after you almost stepped on his head with your cleats during play, you can show that he consented to the possibility of being stepped on by participating in the sporting event.
Self-defense or defense of others
Self-defense or defense of others may release you from criminal liability if you can prove the three elements listed below:
- You reasonably believed that you or another person was in imminent danger of suffering great bodily injury
- You believed that immediate force was necessary to avoid the threat; AND
- You used no more force than necessary to defend against the threat
Example: A robber yielding a pistol attempted to “hold up” the bank while you were inside. When he was not looking, you knocked him down with a metal hole -puncher and restrained him until law enforcement personnel arrived. Here, you reasonably believed that you or another person was in imminent danger of suffering great bodily injury. You believed that force was necessary to prevent a shooting and used no more force than necessary to prevent the individual from shooting someone.
California Criminal Lawyer
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. call our Orange County assault with a deadly weapon defense lawyers today at 877-4-NO-JAIL.