California Assault and Battery Defense Lawyers

What you need to know about how to defend an Assault and Battery Case

Wallin & Klarich has been representing clients who have found themselves accused of assault, battery and assault with a deadly weapon charges cases throughout Southern California for almost thirty years. We know how to win these cases.

Legally, battery (Penal Code 243) is defined by the state of California as willful use of force or violence on another person. Any physical contact to which the other person has not consented can be construed as battery. Assault (Penal Code 240), essentially, is defined as an attempt to commit battery.

In many assault and battery cases our law firm can successfully defend the case by raising "self defense" as a strong argument in your favor. In most altercations when you do your homework and investigate the facts of the case we often find that the situation was really "mutual combat."

In other assault and battery cases we can successfully argue that what actually occurred was an "accidental touching" as opposed to intentional conduct. Wallin & Klarich has had years of positive outcomes with numerous dismissals of assault and battery charges by doing proper investigation and then bringing forth evidence to show the "true facts" of a case. For example, did the "victim" provoke you in any way? Were you trying in any way to protect yourself or someone else? Could your "crime" have been in any way accidental? Did you truly have the ability to use physical force on someone at the time of the incident?

If you are smart enough to retain our law firm as soon as you are arrested that may give us enough time to speak with the prosecuting attorney and try to convince him or her to dismiss the charges before they are formally filed. This could result in lighter charges being filed in the first place, expediting your defense and removing the chilling possibility of a felony charge on your record.

Assault with deadly weapon charges (Penal Code Section 245) are very serious criminal allegations. This charge can be filed as a felony or misdemeanor. If you are found guilty of a felony violation of PC 245 you can be sent to prison and this can act as a "strike" or serious felony. You should call Wallin & Klarich today to discuss your options with our knowledgeable Orange County assault defense attorneys if you find yourself facing such charges.

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