Assault

California Penal Code Section 415 makes it illegal for a person to fight in public with another individual. Section 415 specifically criminalizes the following acts:

(1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.
(3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.

This crime can be committed even if the defendant never actually fought someone. A mere challenge to a fight is enough to be considered a crime. Having an attorney to defend your rights is essential. A conviction for a fighting in public charge is punishable by imprisonment of up to 90 days in county jail, or a fine of up to four hundred dollars, or by both the fine and imprisonment.

Fights in public carry very serious consequences. If you or a loved one is facing a fighting in public charge, it is important that you speak with an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters. Our attorneys are highly knowledgeable and will give you the quality representation that you deserve. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

How an Experienced San Diego Criminal Defense Attorney Can Help You

It was recently reported that a San Diego teenager, 19-year-old Derelle Oliver, was sentenced to nine years in state prison. Oliver plead guilty to “assault by means of force likely to cause great bodily injury.” Oliver, a gang member, attended a party on December 8, 2009 and pointed a BB gun at the head of 17-year-old Monique Palmer, who was later shot and killed along with another teenager later that same night. Prosecutors originally charged Oliver with murder of the two teenagers but the judge in the case found that there was not enough evidence to warrant the charges. Instead, prosecutors charged him with assault for pointing the gun at Palmer and the second teenager. Combined with Oliver’s past criminal behavior (he was on juvenile probation for robbery) and escalating criminal activity, he was sentenced to a lengthy prison term.

Under California law, assault charges are divided into different classes. Each class of assault comes with different consequences including varying degrees of jail time and fines. However, if the prosecutors find that an assault charge is related to gang activity and include this in your charge, the consequences of a conviction can dramatically increase.

Our San Diego criminal defense attorneys at Wallin and Klarich have the necessary experience and expertise to help you or a loved one who may be facing criminal charges. Our San Diego criminal defense attorneys want to make sure that your rights are protected and that you are provided with the best defense available. Call 877-230-1529 or visit www.wklaw.com for more information. We will be there when you call.

San Diego 10 News reported that following a fight, one brother shot another. Cody Summers was arrested and charged with assault with a deadly weapon after he shot his brother, Zack Summers. It wasn’t reported what the two were arguing about. However, Cody Summers used a .22 pistol and shot his brother. The wounds to Zack Summers were not critical. Cody Summers surrendered to police after a two hour standoff at the home in Alpine where the shooting allegedly took place.

Assault with a deadly weapon is commonly referred to as ADW. An ADW is addressed in the California Penal Code 245 (a) (2). It states the following: Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.

If you or a loved one is facing assault with a deadly weapon charges, it is essential to have an experienced and aggressive attorney defending you. With over 30 years of experience in defending people’s rights, the attorneys at Wallin & Klarich are confident in being able to handle your case. Contact our San Diego assault criminal defense attorneys at 1-877-230-1529 or fill out our consultation form online at www.wklaw.com for a free evaluation of your case. We will be there when you call.

It was recently reported that Antonio Cromartie, a football player for the NFL’s San Diego Chargers, is under investigation by the San Diego Police Department for assault with a deadly weapon. According to investigators, Cromartie and his teammates were celebrating a win against the Denver Broncos at Bar West, a local Pacific Beach bar. While there, Cromartie allegedly struck a man on the back of the head with a champagne bottle. Cromartie maintains the bottle slipped out of his hands. Should investigators determine there is enough evidence, Cromartie could face a potential assault with a deadly weapon charge.

If you or a loved one has recently been charged with assault with a deadly weapon, contact our Wallin & Klarich San Diego criminal defense attorneys. We have over 30 years of experience successfully defending clients against these charges. Our San Diego criminal defense attorneys will investigate the facts of your case and determine the best defense strategy. We will protect your rights and help you through the legal process. Call us today at (877) 230-1529 or visit our website at www.wklaw.com. We can help you.