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.
08 May 2013
Girls Gone Wild creator Joe Francis was convicted by a jury on Monday of 5 misdemeanor charges stemming from a night-gone-wrong for Francis. Francis was convicted of 3 counts of false imprisonment, 1 count of dissuading a witness from reporting a crime and 1 count of assault causing great bodily injury. He faces up to 5 years in the Los Angeles County jail at his sentencing hearing which takes place today.
Victims told police they had gone to the popular Supper Club in Hollywood to celebrate a college graduation. Upon closing time, Francis, allegedly, grabbed one of the 3 female victims by the hand and took her to his limo. The two other victims followed, believing Francis would be giving them a ride to their own car.
This is apparently where things went south. The victims claim that once in the limo, Francis’ bodyguard and driver produced, what appeared to be law enforcement badges and would not let them leave the limo. The victims were taken to Francis’ house, where a physical altercation took place between Francis and the victims as he allegedly attempted to pull one of the victims away from the others. This is when Francis was alleged to have grabbed the victim by the throat and pushed her head into the tile floor.
What is clear from the verdict is that the jurors believed Mr. Francis did not conduct himself very well that night and that most likely the victims’ story had some truth to it. Mr. Francis is in a tough predicament here as he is most likely looking at some amount of county jail time along with anger management classes, community service, probation or other terms and conditions of his sentencing. Los Angeles County judges take violent crimes very seriously, not to mention Mr. Francis was also convicted of dissuading a witness from reporting a crime.
Typically, police detectives will attempt to contact you to “get your side of the story” and many times these statements are turned around and used against you. It is a much smarter idea to have your attorney be the liaison between you and law enforcement. There is always two sides to the story so make sure that your side gets heard. There may even be the possibility of a civil compromise in your case where we can get the charges dismissed.
If you have been charged with false imprisonment, assault or battery in the Criminal Courts Building (CCB), the Airport Courthouse, Burbank Courthouse, Pasadena Courthouse, or in the Van Nuys Courthouse, contact attorney Ross Erlich as soon as possible to make sure your rights are protected.