San Bernardino Criminal Defense Attorney Gary Wenkle Smith’s Trial Victories

SAN BERNARDINO COUNTY SENTINEL Deliberating A Single Day, Jury Acquits Fletchner On All Counts V I C T O R V I L L E — Friday, August 19, 2011 Dennis L. Flechtner was acquitted of murder in the 2009 shooting deaths of three people, three days after he took the witness stand to testify in his own defense. Flechtner’s straight-forward account of what occurred the night of October 4, 2009 had far greater resonance [...]

Sean B

Sean was charged with murder for shooting a man he claimed had threatened to kill him, and he expected would kill the witnesses to it, two of his women friends. We argued that it was self-defense. The deceased had become violent on more than one occasion, and was known to always have a gun in his possession. When Sean took his gun, the deceased said he was going to get his other gun and come [...]

Gary J.

Riverside Murder Dismissal Trial Victory Gary was charged with murder in Riverside County. The allegations were that he killed a man in his truck—a company eighteen wheeler, then drove him to a lonely strip of highway in Banning, California, and dumped the body. There was an informant, of sorts, the kind of person a good criminal defense lawyer looks forward to cross-examining. Gary’s step-father had reportedly assisted him in dumping the body after Gary called [...]

Murder Allegations

A conviction for murder carries the ultimate sentence: life in prison. A well-trained criminal defense attorney knows preparation for trial can take months, even years. It takes time to investigate all allegations of fact, including through the use of experts. Often, people kill when there is no other choice than to stand their ground and defend their own lives from aggressors, or the lives of others. Defending Against Charges of Murder When people kill, there are [...]

Attempted Murder

Attempted murder is an accusation that the defendant intended to kill the alleged victim, but was somehow prevented.  While the minimum punishment in the state of California is 15 years to life, you can easily be sentenced to life imprisonment with enhancements, such as use of a firearm, depending on the circumstances of your case.  Like murder, attempted murder has two defenses that are called “Justifiable:” Self-defense Defense of others Other Charges You Can Be [...]

What if He is Guilty?

Probably the most common question I am asked is whether I have represented someone that I knew was guilty. The second question is always “how can you represent someone that you know is guilty?” My response is always “If I don’t, who will?” The prosecution has all of the evidence first; all of the witnesses first; the largest investigative agencies working for them—law enforcement; they work for the largest law firm in the County, the [...]

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