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.
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.
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.
A Los Angeles man is in custody on suspicion of being one of four men involved in the beating of a transgender woman last month in Hollywood. LAPD officers served a search warrant on the man’s residence Thursday night, three days after the City of Los Angeles offered a $25,000 reward for information leading to the arrest of a suspect.
The victim was employed in an upscale Hollywood restaurant as a barista and was walking down a street in Hollywood after leaving work at 2:15 a.m. Local surveillance cameras caught footage of a group of men following the victim as she walked down the street and then started attacking and beating her. Her injuries were reported to be severe and she had to remain in the hospital for seven days.
The alleged suspect is currently being held in custody on $1.05 million bail and facing not only felony assault and battery with severe injuries, but the possibility of this being charged as a hate crime in addition.
If you have been charged with battery, assault, assault with a deadly weapon or assault with means likely to produce great bodily injury, you need, in two words, a lawyer. You need to remain silent and have your attorney speak on your behalf to law enforcement investigators and prosecutors. Serious violent crimes are charges that prosecutors don’t take lightly and are convictions that can have major implications on your life and criminal record.
If you are charged with felony assault or battery, you are looking at prison time, fines, restitution and possibly a serious and violent crime on your record for a long time. If you have been charged with assault and battery in Hollywood, Beverly Hills, Santa Monica, Los Angeles or Pasadena, contact attorney Ross Erlich as soon as possible. These charges require a skilled and aggressive defense attorney to advocate for your rights and to tell your side of the story.
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.