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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What is a Deadly Weapon under California Assault with a Deadly Weapon Laws? (PC 245)
What is a Deadly Weapon under California Assault with a Deadly Weapon Laws? (PC 245) When you think of assault with a deadly weapon, you may think that a “deadly weapon” could only mean a gun or a knife. However, California assault with a deadly weapon laws are much broader and cover any instrument used in a deadly manner. Prosecution of Assault with a Deadly Weapon In order to be…
Read MoreWhat is the Difference Between Assault and a Hate Crime?
What is the Difference Between Assault and a Hate Crime? When a criminal act is committed against a person and at least part of the motivation to commit the act is based on race, color, sexual orientation, religion, gender, ethnicity, or disability, the crime becomes a hate crime in the eyes of the law and the charges for the crime are significantly enhanced. There are many laws that govern hate…
Read MoreOrlando Bloom vs. Justin Bieber and Assault or Battery
Orlando Bloom vs. Justin Bieber and Assault or Battery A night out in Ibiza, Spain recently took a frantic turn for Orlando Bloom. The “Pirates of the Caribbean” actor was reportedly having dinner with friend Leonardo DiCaprio when he was confronted by pop star Justin Bieber. According to witnesses, Bieber reached out to greet Bloom, but Bloom refused. The actor reportedly began exchanging harsh words with the singer until they…
Read MoreThe "Knockout Game" is a Crime, Not a Game
The "Knockout Game" is a Crime, Not a Game A violent and dangerous epidemic called the “knockout game” in which young adults brutally strike an unsuspecting individual at random in an attempt to “knockout” the victim with a single punch, is sweeping across America. This trend is becoming increasingly common and is being taken very seriously by law enforcement officials. "Knockout Game" Results in Numerous Deaths and Arrests In 2013,…
Read MorePenalties for Assault While Publicly Intoxicated in Los Angeles (Penal Code Section 240)
Penalties for Assault While Publicly Intoxicated in Los Angeles (Penal Code Section 240) You go out with a group of friends to a bar in Downtown Los Angeles. Everyone is having too much fun to realize you’ve had too many drinks. Then, you clumsily run into another person. Angry and unable to think properly, you throw a beer bottle at that person. At that point, you can be arrested and…
Read MoreI Am Accused of Assault And Battery in Riverside (PC 240 and 242)
I Am Accused of Assault And Battery in Riverside (PC 240 and 242) The Riverside Assault and Battery Attorneys at Wallin & Klarich have been successfully defending clients charged with assault and battery in Riverside for over 40 years. Our attorneys have the skill and expertise to provide you with the best possible defense in your case. Assault and Battery in Riverside A battery (Penal Code § 242) is the…
Read MoreI Am Wrongfully Accused Of Assault And Battery In Orange County (PC 240 – PC 243)
I Am Wrongfully Accused Of Assault And Battery In Orange County (PC 240 – PC 243) People often use the words “assault” and “battery” as if they mean the same thing. Actually, they are two different crimes, and if you are facing charges, you need to understand them. With over 40 years of experience, the Orange County Assault and Battery Defense Attorneys at Wallin & Klarich have successfully defended thousands of…
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