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.

A 19-year-old from Irvine has been arrested on felony manslaughter and DUI charges after a car crash that killed a 16-year-old girl and injured 6 others.

The incident occurred at approximately 1:30 a.m. when 2 cars were travelling over 70 mph on a canyon road.  The driver of the front car stopped abruptly in an attempt to avoid hitting a deer.  The suspect, in the car behind the front one, also slammed on his brakes but lost control of the vehicle when it slammed into a tree.  One of the passengers in the suspect’s car was ejected and died from her injuries.

If you were operating a motor vehicle while intoxicated and one of your passengers dies as a result of an accident that a prosecutor believes is your fault, you may be charged with felony vehicular manslaughter.  This offense is a “wobbler” meaning that, depending on the facts of your case and prior criminal history, the prosecutor may charge it as either a felony or a misdemeanor.  It is important to note that, if charged as a misdemeanor, the maximum punishment is up to 1 year in county jail and a $1,000 fine.  If charged as a felony, you are facing 16 months, 2 or 4 years in state prison.

There are many relevant facts that go into this type of criminal charge.  For example, it is important to determine the level of intoxication, the blood alcohol concentration, the weather conditions at the time of the accident, the other driver’s conduct, the road conditions and other factors that may have contributed directly to causing the accident.  Keep in mind that the prosecutor needs to establish that you were driving under the influence, that you negligently committed an unlawful act and that negligence caused the death of another person.

If you have been involved in a motor vehicle accident where someone has been seriously hurt or died as a result, it is important to contact an attorney before making statements to law enforcement.  Having an attorney on your side speak to the prosecutor’s office prior to charges being filed may lead to lesser charges getting filed or the possibility of settling some issues outside of court.

If you have been arrested for a DUI or vehicular manslaughter in Beverly Hills, Hollywood, Los Angeles, Culver City, Santa Monica or North Hollywood, contact attorney Ross Erlich before you make any other calls.

 

If you have lived in Los Angeles for any amount of time, let alone visited for more than a day, you know that LA has its fair share of cars and traffic.  What you also probably know is that with that amount of traffic, Los Angeles’ hit-and-run incidents far exceed the national average.  In fact, in 2009, 48% of crashes in Los Angeles were hit-and-runs, compared to a national rate of 11%.

ABC’s ’20/20′ ran a piece which focused on Los Angeles Police Department Detective Felix Padilla, who has been working in LAPD’s traffic division for over 10 years.  Padilla told ABC that his division alone sees an average of 8,000 hit-and-run incidents a year and that in 2013, there have already been 16 fatal hit-and-runs incidents.

The problem for law enforcement in a hit-and-run investigation is that an arrest and prosecution hinge on eyewitness testimony and many do not want to cooperate with the police.  Padilla talked about how the LAPD can impound the car during an investigation, but that doesn’t mean much if they don’t have the driver identified.

Another problem for the LAPD is Los Angeles’ large number of undocumented immigrant residents, many of whom drive a car even though they cannot legally obtain a license.  If they get into an accident, many fear criminal prosecution and deportation and decide to flea the scene.

If you have been involved in a hit-and-run in Los Angeles, it is important that you contact an attorney before answering any questions by law enforcement or before you make any statements.  Many times people are scared of what has happened and will try to “talk their way out” of getting arrested or charged with hit-and-run, which never happens and often leads to incriminating statements used in the incident report that prosecutors see.  What you should do is allow your attorney to communicate with law enforcement on your behalf to not only avoid those pitfalls, but see if there is a way to avoid any charges being filed.

If misdemeanor hit-and-run charges do end up getting filed, it is important that you talk to your attorney about the possibility of a civil compromise or getting your hit-and-run charge reduced to a non-point traffic infraction.  Many times your attorney can work with the victim outside of the courtroom to achieve these desired results and a reduction or dismissal of your criminal charges.

If you have been arrested or charged with a hit-and-run in Los Angeles, Hollywood, Downtown, Santa Monica, Beverly Hills or Burbank, contact attorney Ross Erlich 24/7 for a free consultation.

Nathan Campbell, accused of ramming pedestrians on the Venice boardwalk over the weekend and killing one, pleaded not guilty on Tuesday to one count of murder, 16 counts of assault with a deadly weapon and 17 counts of hit-and-run.

Campbell was in custody in front of Airport Court felony arraignment judge Keith Schwartz who set bail at $1.48 million.  Campbell is currently being represented by a Los Angeles County Public Defender who told press he does not believe his client intended to kill anyone.

For those unfamiliar with this incident, Campbell was arrested after police say he intentionally drove his car around barriers on the Venice boardwalk and aimed his car at pedestrians.  One woman was killed as a result of the impact.

It has since been discovered that Campbell has had arrests in Colorado and Florida for shoplifting and reckless drivings under the influence of alcohol.  Further details reveal that Campbell may have been living out of his car and has ties with the homeless community in Malibu.

Campbell is facing some serious charges at the Airport Courthouse and, if convicted, could be facing life in prison.

If you have been arrested for assault with a deadly weapon or hit and run in the Airport Courthouse, it is important for you to consult with an attorney before making any statements to the police or other law enforcement personnel.  Communicating (through your attorney) with law enforcement and the prosecutor’s office early may help you either avoid having any charges filed against you or get a reduction in what would have been originally charged.  Sometimes hit-and-run’s can be resolved through a civil compromise which permanently suspend criminal proceedings against the accused.

Serious charges requires a serious criminal defense attorney.  If you have been charged with a crime in the Airport Court, CCB, Criminal Courts Building, Pasadena Court or any other court in Los Angeles County, contact attorney Ross Erlich 24/7 for a free case consultation.

A 70-year-old man is in custody after police say he failed to stop his car after hitting a woman and her toddler with his SUV in the North San Fernando Valley last week.

Witnesses at the scene told police officers that the toy car the toddler was in was pushed by the man’s car for approximately one block before bystanders flagged down and stopped the driver.

The man was driving his car without a license and was arrested on suspicion of felony hit and run, a violation of California Vehicle Code section 20001.

Witnesses at the scene also told officers that it appeared the man was unaware that he was pushing the toy car with the toddler inside of it and that he only drove approximately one block.

California Vehicle Code section 20001, more commonly known as felony hit and run, is a “wobbler” in the state of California.  This means the prosecutor can charge this crime as either a felony or a misdemeanor, usually depending on the facts of the case and the suspect’s prior criminal record.

If the hit and run is charged as a misdemeanor, the defendant is looking at a maximum of 1 year in the county jail and a $1,000 fine.  If the accident resulted in death or some other serious injury, jail time is usually always sought.

If the hit and run is charged as a felony, the defendant is looking at a fine between $1,000 and $10,000 and between 16 months to 3 years in state prison.  If there was death or serious injury, typically the state prison commitment goes up to between 2 to 4 years.

If you have been in an accident in California, you are required by state law to stop your car, identify yourself and provide your license, insurance, registration or any other relevant documents to the other driver.

If you have been arrested for, or charged with, a hit and run in the Los Angeles area, it is important to contact an attorney before making ANY statements to law enforcement.  After years of experience handling hit and run cases, I have only seen these statement come back to hurt people’s cases.  Contacting an attorney early on in the process can help facilitate a civil compromise or other possible resolution to your case which can avoid a conviction on your record and points on your license.

If you have been involved in a hit and run in Los Angeles, Hollywood, Beverly Hills, Santa Monica, Pasadena, Burbank or any other part of Los Angeles County, contact attorney Ross Erlich today for a free consultation.


Latest Tweets

Copyright 2012 Ross Erlich. Design by VirtaComm.com