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Defense Role in Assault Cases with Prior Convictions – CA PC 240
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March 5, 2010

How an Experienced Southern California Defense Attorney Can Help Your Case If You Are Charged With Assault and Have Previous Convictions - California Penal Code 240

News outlets recently reported that Daniel Kerrigan, father of Olympic figure skater Nancy Kerrigan, died after what authorities said was a violent struggle with his son Mark in the family home. Mark Kerrigan, 45, has plead not guilty to assaulting his 70-year-old father.

The Kerrigan family maintains that Daniel Kerrigan died of a massive heart attack and there was nothing suspicious about his death. However, when police responded to a 911 call at the Kerrigan family home at 1:30 am last week, Daniel Kerrigan was found on the floor of his home unconscious with blood on the floor. Mark Kerrigan, who was living in the basement, appeared intoxicated, “belligerent and combative,” but coherent when questioned by police. Officers used pepper spray to subdue Mark Kerrigan before he was arrested.

Mark Kerrigan told police officers he got into a physical altercation with his father after they got into an argument over the use of a telephone. He said he put his hands around his father’s neck before his father fell to the floor. There were signs of a struggle, including pictures knocked off the wall and a broken piece of telephone.

Mark Kerrigan had a history of trouble with the law, including arrests for assault and battery, assault with a dangerous weapon, malicious destruction, and violation of a restraining order. His attorney, Denise Moore, stated Mark Kerrigan is “extremely distraught over the death of his father and denies any responsibility.” She also stated her client was on medication for post-traumatic stress syndrome and was seeing a psychiatrist.

Mark Kerrigan has several defenses available. A solid criminal defense attorney should begin an immediate investigation in anticipation of Mr. Kerrigan’s criminal prosecution. All clients deserve effective assistance of counsel and a thorough investigation of the circumstances surrounding the incident is vital for a strong defense. A criminal defense attorney will need all of the important facts at his or her disposal to frame the narrative in a way that shows Mr. Kerrigan in the best light.

In order to make sure that your rights are accurately and aggressively defended after being charged with assault in Southern California, you should contact the experienced Southern California assault criminal defense law firm of Wallin & Klarich. Our attorneys have over 40 years of experience defending assault cases. We conduct thorough investigations of all our clients’ cases, making sure every detail is considered. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-749-0034 or visit www.wklaw.com. We will be there when you call.


paul wallin

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 40 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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