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.
16 Oct 2013
4 teenage boys and girls were arrested in a shoplifting incident at a Ralphs market in Costa Mesa that turned violent on Tuesday. Police describe the teenagers as being “uncooperative and hostile.”
When the first police officer arrived to the location, he observed a teenage boy and girl fighting with the Ralphs security employee near a cash register. The police officer separated the girl and put her in handcuffs away from the group. As he was doing so, the other teenage girl crept up behind the officer and attempted to take his gun out of his holster.
Just by chance, an off-duty sheriff’s deputy happened to be shopping in the store and assisted the police officer by restraining this second teenage girl. Another male suspect punched the police officer in the face and then the whole thing turned into a wrestling match. Eventually the police officer’s won and everyone was arrested.
All of the melee was caused when the teenagers allegedly tried to steal liquor from the market.
What started off as simple petty theft charges now leave these teens facing assault and battery on a police officer and resisting arrest charges, in addition to the petty theft.
Do not make the same mistake these teens did and try to either resist arrest or make any statements to security personnel or law enforcement. Many times people believe they can “talk their way out of it” and we are still waiting to see an instance when that has worked. In addition, any statements that you make when trying to talk your way out of an arrest can, and will, be used against you during your court case.
Petty theft charges are charges that can manageable. Oftentimes, depending on whether or not there are prior convictions, attorney Ross Erlich can get the charges reduced, dropped or dismissed after a civil compromise. There also might be the option of a deferred sentence whereby a plea is taken, the defendant takes and completes some theft classes, and comes back to get the charges dismissed.
Remember, petty theft is a misdemeanor here in Los Angeles and is punishable by a maximum of up to 6 months in jail, a $1,000 fine or both.
If you or someone you know has been arrested for petty theft in Los Angeles, Santa Monica, Beverly Hills, Hollywood, or anywhere within Los Angeles County, contact attorney Ross Erlich 24/7 for a free case consultation.