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Carrying a Concealed Firearm – California Penal Code Section 12025 – Web Content Blog

San Diego Criminal Defense Attorneys - Wallin & Klarich — Wed, 28 Jul 2010 18:02:53 +0000

Americans love their guns. It is a love affair deep-rooted in the history and culture of this nation. Ever since the first minuteman grabbed his musket from the family mantle, this country has honored and cemented within its constitution the right of the people to own and keep guns. But to state the obvious, guns are inherently dangerous – especially in the hands of those who shouldn’t have them (e.g. ex-felons, the mentally disturbed). Therefore, every state has implemented gun control laws to regulate who can possess a gun and when. California is no exception.

California Penal Code Section 12025 makes it illegal in this state for anyone to be carrying around a concealed gun whether it’s in your pocket or in your car. This statute also makes itself clear that it only applies those “firearms capable of being concealed on the person,” which are limited to small handguns like pistols or revolvers.

If you are convicted of this crime, you stand to face some pretty harsh punishments, which can potentially become more severe if you have any prior felony convictions or a history of drug use. A first-time offense with no priors or enhancements can land you in county jail for up to 1 year and/or a maximum fine of $1,000. However, if you incur any additional conditions or enhancements, you could be subject to a felony conviction that could result in a 3-year sentence in state prison.

If you’re curious and want to learn more, go to www.wklaw.com and read our “Carrying a Concealed Firearm” section. You will find invaluable information about that crime and what you can do when charged with this crime.

The old days of the Wild West, where everyone was a gunslinger, are over. Carrying a concealed firearm is a punishable crime and will bring with it serious penalties. If you stand charged with this crime, contact an experienced criminal defense attorney who help you develop your defense strategy. Our attorneys at Wallin & Klarich have over 30 years of experience representing those accused of carrying a concealed firearm. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.

San Diego Teacher Acquitted of Committing a Lewd Act on a Child and How an Experienced Southern California Child Molestation Attorney Can Help You – California Penal Code Section 288

San Diego Criminal Defense Attorneys - Wallin & Klarich — Mon, 01 Mar 2010 21:30:01 +0000

It was recently reported that a South Bay elementary school teacher was acquitted on ten counts of committing a lewd act on a child and one count of providing marijuana to a minor. The school teacher was accused of engaging in a sexual relationship with her then 12-year-old godson, who was also one of her students. It was alleged that the relationship began in 2004 and lasted four years. If convicted, the teacher could face 19 years in prison.

The statute for California Penal Code section 288 states that any person who willfully and lewdly commits any lewd or lascivious act upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in state prison for three, six, or eight years.

Sex crimes are extremely serious. A conviction can lead to prison time and being required to register as a sex offender, which can affect your job status, where you live, and your standing within your community. At Wallin and Klarich, our San Diego child molestation defense attorneys understand the serious and sensitive nature of a sex crime charge. Our child molestation attorneys have the experience and expertise to provide you or a loved one with a strong and aggressive defense for your case. We will help you understand the legal process and work to protect your rights. Please call us at (877) 230-1529 or visit our website at www.wklaw.com. We will be there when you call.

The Least-Understood Crime in San Diego

San Diego Criminal Defense Attorneys - Wallin & Klarich — Wed, 28 Oct 2009 11:00:40 +0000

In San Diego County, prosecutors will frequently negotiate a criminal case with a criminal defense lawyer. They will give deals where they want the defendant to plead guilty to a lesser crime instead of the crime the defendant was originally charged with. The lesser crime that is probably most-commonly offered in the prosecutors’ deals is what we call, “disturbing the peace.”

“Disturbing the peace” is Penal Code section 415. A prosecutor can prove that a defendant is guilty of disturbing the peace if the defendant did one of the following three things:

Fought in public, or while in public challenged someone else to fight;
“Maliciously and willfully” disturbed another person by making loud and unreasonable noise; or
Used offensive words in public that were likely to provoke an immediate violent reaction.

Unfortunately, this crime is not very well understood by San Diego police officers. When there is a fight in public, police officers will commonly arrest the person who threw the first punch on assault and/or battery charges. However, it may commonly be the case that the person who threw the first punch did so because he was egged-on by the other guy. In other words, the person arrested was really the victim of the “disturbing the peace” crime committed by the other guy. When this happens, San Diego police arrest the real victim and start calling the real wrong-doer the victim. If the “disturbing the peace” crime were better understood, this scenario would not happen.

If you have been arrested or charged with disturbing the peace in San Diego, make sure you hire an excellent criminal defense lawyer who can fight your case for you—and with you. As a team, you need to persuade the cops and the prosecutors that they have the wrong person. If you would like to speak to a San Diego criminal defense lawyer about your disturbing the peace charge, contact Wallin & Klarich right away via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County criminal case.

How Can My DNA Be Used Against Me in My San Diego Criminal Case?

San Diego Criminal Defense Attorneys - Wallin & Klarich — Thu, 08 Oct 2009 11:00:01 +0000

The Los Angeles Times recently reported that police have found a rapist by his DNA evidence. The man was arrested for spousal abuse. While in police custody, he gave them a sample of his DNA. Upon testing the DNA, the police found that his DNA matched DNA found in a completely different crime scene: the rape of an 83 year old blind lady. Now, this man will likely be charged not only with domestic violence, but also with rape, burglary, and possibly robbery.

This case is a good example of how important a role DNA evidence can play in the prosecution of a crime. At the same time, DNA evidence also plays an equally crucial role in the defense of a crime. Many people think that DNA evidence is irrefutable, that the mere existence of DNA evidence is enough to prove guilty beyond reasonable doubt. However, that is not true.

If you or a loved one in San Diego county are facing a criminal charge where DNA evidence is being used by the prosecutors to try to prove guilt, you need to make sure that you hire a San Diego criminal defense lawyer who is familiar with the ways in which DNA evidence can and cannot be used. You need to make sure you hire a lawyer who knows the strengths and weaknesses of DNA evidence. A knowledgeable criminal defense lawyer in San Diego will use forensics experts to review, test, and poke holes in the DNA evidence. After all, DNA evidence does not stand on its own—it must be interpreted. Only the best San Diego criminal defense firm can turn DNA evidence against you into DNA evidence that helps you.

If you or someone you love is facing criminal charges in San Diego County, please contact Wallin & Klarich today via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County criminal case.