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.

The two men who were arrested in connection with the kidnapping of a 10-year-old Northridge girl in March may be close to striking plea bargains and avoiding trial, a San Fernando Superior Court judge said.

This was a case that garnished lots of media attention due to the fact that these two men allegedly kidnapped this girl from her bedroom, sexually assaulted her at multiple locations, then dropped her off at a hospital later in the day.  One of the men then fled to Mexico and was apprehended nearly a month later at a drug rehab center.

A preliminary hearing was set for this past Monday where the prosecutors would have to lay out their case against the two men and show that there is enough probable cause to believe that a crime was committed and enough probable cause to believe that this person was the one who committed this crime.  This hearing was postponed as there was talk of negotiated plea bargain deals for both men.

Plea bargains can be a valuable resource for people charged with crimes of every caliber.  For smaller, less serious offenses, a plea bargain can be a way to avoid jail and excessive fines.  For more serious offenses, plea bargains can be a way for someone to avoid the death penalty, life without parole or excessive state prison time.

If you have been charged with a crime, a plea bargain may be an attractive option.  The reason being, if you choose to go to a trial and are convicted, you are then sentenced by a judge who has total discretion to sentence you to anything from probation to the maximum punishment by law.  The uncertainty of being sentenced by a judge can sometimes make a plea bargain a better hedged bet.  When you enter into a plea deal with the prosecutor, you know exactly what your sentence is, fines, probation, classes and the like.  You know what to expect and what preparations need to be made ahead of time.

If you have questions about a plea bargain or going to trial for any crime in Los Angeles, Hollywood, Culver City, Santa Monica, Beverly Hills, Pasadena or Burbank, contact attorney Ross Erlich to discuss your options free of charge.  You should know what choices you have and what the potential implications of those decisions may be.

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