17 Jul 2018
MTV’s Teen Mom star Farrah Abraham is facing possible jail time if convicted of the battery and resisting an officer charges filed against her. She is scheduled to be arraigned in the Airport Courthouse on August 13 on those two misdemeanor charges.
The charges stem from an incident in which she allegedly hit a security guard at the Beverly Hills Hotel and then resisted arrest when she was asked to leave the hotel. Officers arrived to the hotel based on a call that Abraham was arguing with hotel guests and had been asked to leave the location by hotel security. The security officer alleged that Abraham struck him in the face with her forearm, grabbed his ear and pushed him in the face as he attempted to prevent her from re-entering the hotel. Beverly Hill Police officers noted that Abraham exhibited signs of intoxication.
If convicted on both counts, Abraham faces up to 18 months in jail.
Attorney Ross Erlich has handled numerous battery and resisting arrest cases. A lot of them are a result of people who are under the influence, out partying, at a club or bar, and simply take things a little too far or don’t follow instructions from law enforcement.
A battery charge is something that takes into account any and all unwanted touching that is done in an offensive way. Thus, someone doesn’t have to beat someone up, break a bone, cause bleeding, etc, to be convicted of a battery. All that is required is some physical contact in an offensive manner. In most cases, the maximum penalty for a batter is up to 6 months in jail and up to a $2,000 fine. If you commit a batter against a peace/police officer, it can be charged as a wobbler (a felony or a misdemeanor).
In order to be charged with resisting arrest, you must resist, delay or otherwise obstruct a law enforcement officer, or emergency personnel, while they are performing, or trying to perform, their official duties. This, as one might imagine, is typically charged when people resist officers putting handcuffs on them, push officers away, and giving a false name to police officers.
While attorney Ross Erlich’s job is to fight to protect your rights and liberty, the best advice to give someone when confronted with security and/or police officers is to be as courteous as possible and follow directions. There is no need to provide any statements or to incriminate yourself, but if asked to leave somewhere or to stop doing a certain activity, cooperation tends to lead to no charges getting filed, or, at least no resisting arrest charges.
If you or someone you know has been charged with battery or resisting arrest in the Airport courthouse, Van Nuys courthouse or the Downtown CCB courthouse, contact attorney Ross Erlich as soon as possible. There might be ways to civilly compromise your case and get charges permanently suspended.
Los Angeles County Sheriff’s detectives made an arrest on Tuesday of a Los Angeles woman who they believe was behind the assault of a 91-year-old man on the 4th of July. Authorities say that the man might have bumped into a little girl that was walking with the woman, when the woman started shouting racial slurs at the man and allegedly struck the man from behind with a block of cement. Authorities also state that additional suspects arrived on the scene to join into the assault.
The 91-year-old man blacked out and is recovering from a broken cheekbone and facial bruising. The suspect is being held on $200,000 bail and will likely be facing many charges, including assault with a deadly weapon causing great bodily injury and battery.
Assault with a deadly weapon is what is called a wobbler in California, meaning the crime can be charged by prosecutors as either a felony or misdemeanor. This depends on the conduct of the suspect, the extent of injuries, if any, and the other surrounding facts of the incident. Assault with a deadly weapon is defined as “any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three or four years, or in the county jail for not exceeding one year, or by a fine not exceeding $10,000, or by both fine and imprisonment.” Additionally, this assault can occur with use of a “deadly weapon” or by means of force likely to produce great bodily injury.
Of course, there are also defenses to assault with a deadly weapon charge, and these are mainly fact-based. Some examples would be if you did not, in fact, use a weapon, if you were acting in self-defense or you did not act willfully or with the required intent to commit the crime.
If you or someone you know has been charged with assault with a deadly weapon, contact attorney Ross Erlich as soon as possible. Starting work before your case gets filed by the prosecutor’s office has some tremendous potential benefit. A truly skilled attorney will know how to work with the district attorney or city attorney’s office to address the evidence, seek out problems of proof with the government’s case, and, when needed, work to obtain a reduction in charges or even a diversion to best protect you or your loved one’s record.
Attorney Ross Erlich only practices criminal defense and has so since he started practicing. He has worked with, and has good relationships with, the prosecutors at the Airport courthouse, Van Nuys courthouse, San Fernando courthouse, Clara Shortridge Foltz (CCB) courthouse, Pasadena courthouse, Burbank courthouse and works throughout Los Angeles county, Orange county and Ventura county.
Call 323-222-4529 for a free case consultation.
Crystal Hunt, a soap opera actress known for her roles on “One Life to Live” and “Guiding Light”, was charged with assault with a deadly weapon for allegedly throwing a drinking glass at a woman’s face during a bar fight.
The 28 year old actress allegedly threw a pint glass at the woman’s face, causing cuts and minor injuries, inside of a West Hollywood bar on December 13 of last year. Hunt pleaded not guilty and is due back later this month in the Airport Courthouse.
If you have been charged with assault with a deadly weapon (ADW), it is important that you take this charge seriously. An ADW charge can carry potential state prison time, large fines and a violent offense strike on your record pursuant to California’s “three strikes” law.
You might be asking yourself “what now?” if you have just bailed out of jail or are currently awaiting your first court appearance. Well, as in the case above, many “ADWs” are charged when there is a fight and some kind of object is used to hurt or injure the victim and that object could potentially cause great bodily injury. In the case above, a pint glass, as you could imagine, has the potential to cause severe injury to someone if it is thrown at their head. Many “bar fights” that result in an arrest get charged as assaults with a deadly weapon, but are often able to be reduced through a plea deal if you have an aggressive defense attorney.
An assault with a deadly weapon is considered a “wobbler.” This means the prosecutor can charge the offense as either a felony or a misdemeanor. Attorney Ross Erlich regularly contacts the Los Angeles District Attorney’s office and speaks to prosecutors prior to the official filing. This can allow for the presentation of facts that are favorable for clients and can help in getting the charge filed as a misdemeanor.
There are many other ways to resolve an assault with a deadly weapon so contact Attorney Ross Erlich today or 24/7 for a free case evaluation.
5 men were due in court this morning on charges related to the death of a 25-year-old Marine reservist on August 6 after sustaining a head injury during a fight the previous day.
The reservist got into an altercation at the bar the night before and was, allegedly, attacked without provocation after he left the bar with his friends. A dash cam video shows the reservist getting punched, falling and hitting his head on the curb. He was taken to the hospital, where he died of blunt-force trauma to his head.
5 men have been charged with one count each of assault with a deadly weapon, one of whom has also been charged with involuntary manslaughter.
Assault with a deadly weapon is an assault that is committed with any type of deadly weapon or by means of force likely to cause great bodily injury. This aggravated assault and batter is punishable by anywhere from 2 to 4 years in state prison, up to a $10,000 fine and a possible strike on your record. (see detailed assault Penal Code here).
There are many levels of assault in California. Assault with a deadly weapon is, by nature, a “wobbler” which can be charged as either a felony or misdemeanor. Consideration is given to the nature of the incident, the weapon used, the injuries to the victim and the credibility of the victim and aggressor. Because assault with a deadly weapon is a “wobbler”, it is important to contact attorney Ross Erlich as soon as possible so that lines of communication can go up between our office and the District Attorney’s office. It is not uncommon for District Attorneys to speak with defense lawyers before actual charges are filed and work to reduce the severity of the ultimate charges.
If you have been charged with assault and/or battery, it is important to stay calm, contact an attorney and not discuss the matter with law enforcement or anyone else for that matter. Attorney Ross Erlich is available 24 hours a day, 7 days a week for a free consultation.
Milton Bradley, the former Dodger outfielder who has had many behavior-related issues on and off the field, was sentenced last Tuesday to 2.5 years in Los Angeles County Jail and 5 years of probation. The sentence came after Bradley was convicted last month by a jury for kicking his wife and attempting to choke her.
Los Angeles Superior Court judge Thomas Rubinson handed down the sentence, which also includes 400 hours of community service and the 52 week domestic violence and anger management class.
Last month a jury found Bradley guilty of, among other charges, four misdemeanor counts of spousal battery, two counts of criminal threats, one count of assault with a deadly weapon, vandalism and brandishing a deadly weapon. These charges all stemmed from incidents in 2011 and 2012 where Bradley threatened to beat his wife with a baseball bat, kicked and choked her inside of their home.
As is apparent from this sentence, prosecutors and judges take incidents of domestic violence and spousal battery very seriously in Los Angeles County, particularly where there are injuries, threats and real fear by the victim. Each misdemeanor domestic battery or domestic violence conviction is punishable by up to 1 year in the Los Angeles County Jail and up to a $1,000 fine. Furthermore, each domestic violence-related conviction typically also carries a mandatory 52-week domestic violence and anger management class and a possible prohibition on owning a firearm for 10 years under state law.
If you have been arrested for domestic violence or spousal abuse, it is important to contact attorney Ross Erlich right away to protect your rights and freedom. There is a lot at stake when you are charged with domestic abuse and it is crucial for you to make sure your side of the story is heard.