San Diego Criminal Defense » Violent Crime

Penal Code 187- 81-Year-Old Man in Nursing Home Accused of Murder

San Diego Criminal Defense Attorneys - Wallin & Klarich — Thu, 07 Oct 2010 00:03:22 +0000

81-year-old William Leo McDougall has been charged for allegedly beating his 94-year-old roommate to death at a Laguna Hills nursing home. According to prosecutors, McDougall struck Manh Ban Nguyen over the head several times with a metal rod following an argument over singing.

Both men were recovering from hip surgery when McDougall became angry with Nguyen, who had been singing in Vietnamese. Following the argument, McDougall allegedly took a metal rod from the closet and began beating Nguyen over the head. The attack was witnessed by a nurse and members of the staff were ultimately called in to restrain McDougall.

Nguyen was taken to Saddleback Hospital where he was pronounced dead. McDougall was charged on Monday with one felony count of murder and faces up to 25 years to life in prison if convicted. He is expected to be arraigned on Tuesday in Santa Ana.

Murder in California is codified under Penal Code 187 where it is defined as the unlawful killing of a human being with malice aforethought. This definition does not necessarily mean that the defendant had any ill will or hatred for the victim – it means that the defendant either acted with the specific intent to kill the victim or acted with a conscious disregard for human life.

If convicted of first-degree murder, you may face 25 years to life in state prison. Under more serious circumstances, punishments for a violation of Penal Code Section 187 may also include imprisonment in state prison for life without the possibility of parole or the death penalty.

The consequences following a murder conviction are very serious, so it is imperative that you contact an experienced criminal defense attorney. At Wallin & Klarich, our Orange County criminal defense attorneys have over 30 years of practice experience in handling murder cases. We will work hard to help you develop and present the best possible defense in your case. Call us today at 888-764-2615 or visit us online at www.wklaw.com. We will be there for you when you call.

San Diego Man Pleads No Contest to Vehicle Manslaughter Charge and How an Experienced Southern California Criminal Defense Attorney Can Help You – California Penal Code 191.5

San Diego Criminal Defense Attorneys - Wallin & Klarich — Wed, 10 Mar 2010 11:00:15 +0000

It was recently reported that a San Diego man pleaded no contest to charges of vehicular manslaughter and driving in a bicycle lane. While driving in his car in January 2009, Arthur Newman struck and killed Walter Joller, who was riding his bicycle in the bike lane of Sabre Springs Parkway. Newman was not under the influence of drugs and alcohol; he simply did not see Joller. Newman pleaded no contest and was sentenced to three years probation, a fine of $700, 100 hours of community service, and 20 days of public works service.

Manslaughter is the unlawful killing of a human being without malice. Vehicle manslaughter in San Diego and throughout California is defined in three ways:

Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
Driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.
Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This provision shall not be construed to prevent prosecution of a defendant for the crime of murder.

Vehicular manslaughter without gross negligence is a misdemeanor criminal offense. The punishment for vehicular manslaughter without gross negligence is not more than 1 year in the county jail.

If you or a loved one is in a similar situation, it is important to call an experienced Southern California criminal defense firm immediately to consult with an attorney. The attorneys at Wallin & Klarich have over 30 years of experience successfully defending these types of cases. They have extensive knowledge of the law and will work to provide you with the best possible outcome for your case. Call Wallin & Klarich today at 877-230-1529 or visit www.wklaw.com. We will be there when you call.

Have You Been Arrested for Probation Violations?

San Diego Criminal Defense Attorneys - Wallin & Klarich — Fri, 26 Feb 2010 11:00:46 +0000

Eric House, Orlando Wright, and Matthew Yanke were all arrested for probation violations as reported by San Diego 6. The three men were convicted of involuntary manslaughter in the death of a La Jolla professional surfer, Emery Kauanui. The judge in the case sentenced Yanke and House to 210 days in jail and Wright to 349 days in jail last year. They were all on probation for 3 years. Police said that all three violated their probations. Two allegedly tested positive for drugs while all three are said to have violated the order to stay away from each other and Kauanui’s family.

Probation violations must be taken very seriously. If you or a loved one has recently been arrested for a probation violation, or if you believe that you may have violated your probation, it is important to contact a San Diego probation violation attorney as soon as possible. Our experienced San Diego probation violation attorneys at Wallin and Klarich will take a close look at your case to determine what options will be available to you. Our San Diego probation violation attorneys will aid you through the process and ensure the best representation for your case. Call Wallin and Klarich 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.

San Diego Chargers Football Player Under Investigation for Assault With A Deadly Weapon

San Diego Criminal Defense Attorneys - Wallin & Klarich — Mon, 08 Feb 2010 11:00:05 +0000

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.

San Diego Teenager Facing Murder Charges

San Diego Criminal Defense Attorneys - Wallin & Klarich — Wed, 16 Dec 2009 11:00:41 +0000

San Diego News 10 recently reported that a 17 year old boy is currently in juvenile hall following the death of Hector Nava. The teenager was accused of murdering Nava with a gun in Oceanside, California. Nava is the brother-in-law of the suspect (whose name has not been released because he is a minor.) As of now, there is currently no known motive for the shooting. The investigation is still in process.

Murder charges are extremely serious. It is vital that you have an experienced San Diego criminal defense attorney if you or a loved one is currently suspected of murder or other violent crimes. There are multiple levels of murder charges including first degree murder (premeditated), second degree murder, and manslaughter. Within the charge of manslaughter there are three other levels of charges: voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter. Each of these crimes is punishable with prison time ranging from 2 years to a mandatory 25 years to life in prison. Each of these crimes require a knowledgeable and skilled, serious felony criminal defense attorney to ensure that your rights and defense are handled with the utmost importance.

Wallin and Klarich has been successfully representing persons accused of homicide charges for over 30 years. We urge you to contact us if you or a loved one is facing a serious criminal charge. You can reach us via phone at 1-877-230-1529 or fill out our consultation form online at www.wklaw-sandiego.com for a free evaluation of your San Diego County case. We’ll help you figure out the next step, an answer any questions you might have.

Former San Diego State University Football Player Charged With a Crime

San Diego Criminal Defense Attorneys - Wallin & Klarich — Mon, 14 Dec 2009 11:00:17 +0000

San Diego 10 News reported that Lance Louis, a former San Diego State football player, has been charged with a misdemeanor assault against his fellow SDSU teammate, Nick Sandford. The incident allegedly occurred last fall at which time Sandford sustained a broken cheekbone and eardrum as well as a concussion. Lance Louis is now a rookie lineman for the Chicago Bears.

Misdemeanor assault charges are serious charges that can result in a person having a criminal record, up to a year in jail, probation, and substantial fines if convicted. California Penal Code 240 states that “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

However, assault charges can be defended. We at Wallin and Klarich have knowledgeable San Diego criminal defense attorneys who can assist in your defense against a misdemeanor assault charge. Our goal is to find out the facts and then work with you to ensure that your rights are protected. If you were acting in self-defense, if you were falsely accused, if you lacked intent to injure, or if you want to ensure that your side of the story is heard, contact our San Diego criminal defense attorneys to assist you in your criminal defense case today. Call 877-230-1529.