Do I Need a Criminal Defense Attorney if I am Innocent?

Short answer is yes.

If you think you’ve been falsely accused, or arrested, for a crime you didn’t commit, you are not alone.  There are countless examples of people who have been arrested, and even charged, for things they haven’t done.  Witnesses who are incorrect, victims who are lying or misleading, facts that don’t add up, etc.

One may think that the right course of action is to cooperate with law enforcement and that there is no need to hire a lawyer.  Great, save some money!  Well, probably not the best idea.  Remember, the prosecutor cannot use your right to remain silent or your hiring of a lawyer against you.

In fact, if you are a suspect in a case, simply denying your involvement is not going to help much.  Cops have heard that thousands of times.  Law enforcement do not determine your fate in court, they do not file or dismiss criminal charges, they do not offer plea deals.  Their job is to investigate and make an arrest, with the emphasis on the make an arrest part.  It is easier for them to put together what they believe to be facts support your guilt, make an arrest, and pass it along to the prosecutor’s office.  They “tend” to believe you are guilty, then look for facts to support that belief.

Let me give you a story about a former client that might help illustrate the purpose of this blog post.  I represented a woman a few years ago who was charged with felony hit-and-run and felony assault with a deadly weapon causing great bodily injury for, allegedly, causing an accident with a speeding motorcyclist (estimated at 60mph) who broke his leg and then she left the scene.  This happened in the San Fernando Valley near a large big box shopping store and alongside a major busy street.  She came to me, while being represented by another attorney, after she had already had her preliminary hearing (evidentiary hearing determining probable cause in the case) and after a judge had determined there was enough probable cause that this crime was committed by her.

The police and prosecution’s take was that she had caused this accident and then was found parked alongside the business driveway of this big box store doing paperwork in her car.  There was a witness who believed her saw her car, believed to have followed her through the parking lot (even though he lost sight of her), and then came across her car parked where she was.  The police were wearing body cameras when they approached my client and you could see a few key things in that footage.  A complete lack of any damage to her vehicle, her being cool, calm and collected, a car that was filled with lots of boxes of paperwork (which wasn’t strewed about after an accident) and windows that were not tinted.  Oh, there was also some security camera footage from a taco truck that was across the street.

The prosecutor’s office believed that the eyewitness had, in fact, seen what he claimed to have seen, believed that the not-so-great security camera footage was my client’s car and, despite body camera footage and police report documentation that showed no major body damage, still believed my client was good for the crime.

Also keep in mind that my client was adamant about her innocence, often pointing out discrepancies in the reports, and looking for an attorney who could help her prove her innocence.  She had also just spent months with a different lawyer going back and forth to court with them believing she did it and, ultimately, having a preliminary hearing where the prosecutor was able to convince the judge that she did as well.  Not to mention, her defense attorney, who had access to the same evidence I did, couldn’t prove her innocence.

When I got on the case, I knew that my client was telling the truth.  The security camera footage showed the car driving down then main street after the accident away from the business driveway where she was found, there was no damage anywhere on my client’s vehicle from an accident like this, the security camera footage seemed to show 2 persons in the vehicle that caused the accident and a 911 caller mentioned that they believed the car to be a Honda Civic, which was not what my client was driving.

So, what do you do now?  The most stressful client a lawyer can have is an innocent one.  There is a reason this is a commonly known phrase.  You can see in this example how an innocent person could make it halfway down the road towards either a conviction or a forced plea deal to avoid the potential damage a conviction at trial could cause.  How an innocent person could go to court multiple times without having their innocence proven.  It’s a scary thing.

What I had to do was to clearly, and overwhelmingly, show the prosecutor the evidence that they may have overlooked which, when added up, equaled innocence.  I had to put together a package that included timelines, clips of video, mentions to 911 call, lack of car damage, her statements to police.  Had an investigator drive through the parking lot with me on video to show how it was almost impossible for this witness to maintain view of this car through the parking lot.  Even after all of that, the prosecutor needed to take that all and present it to the supervisor to get permission to dismiss.  This was a months-long, multiple appearance effort on my part, not something that just got remedied in one court appearance and a quick conversation.

Eventually, all charges were dismissed against my client.

As you can see, even if you are innocent, it is crucial to have a skilled Los Angeles criminal defense attorney represent you.  Even in this example, police saw who they thought was “good for” the crime and put together the facts they could find to support it.  No matter that my client proclaimed her innocence from the time she was contacted by police up until this very day.

If you or someone you know has been charged with, or is being investigated for, a crime here in Los Angeles or surrounding counties, contact attorney Ross Erlich today for a free consultation.

Pepper Spraying Children?

Police say that robbers pepper sprayed 2 children and pistol-whipped an adult during a home invasion in Rancho Cucamonga.  The robbers allegedly held the family at gunpoint and then left with some of the property from the house.

Assuming these suspects get caught apprehended, they are looking at some very serious charges.  First off, robbery.  Robbery is the “felonious taking of personal property in possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”  This includes the most well-known version of someone “sticking up” someone on the street and taking their property, but also extends to home burglaries that turn into robberies when their are people inside and the perpetrators threaten them with force if they cannot escape and drugging someone and stealing their property while they are unconscious.

In this case, this would be first-degree robbery as this robbery took place in an inhabited structure.  Thus, the penalty range for this is 3, 4, or 6 years  in state prison, assuming no other charges or enhancements/special allegations.  However, if you have committed robbery in an inhabited structure with 2 or more co-conspirators, that range goes up to 3, 6, or 9 years.

Where the custody time significantly increases is when sentencing enhancements are added to the underlying charge.  Examples of this are when great bodily injury is caused during the commission of the crime, if a firearm is used in the robbery and if a firearm is discharged or causes great bodily injury during the robbery.

One of the hardest elements for the prosecution to prove, and thus, one of the most significant defenses, is the element of using force or fear to take the property.  It is crucial for prosecutors to establish this element since if they don’t, robbery charges won’t likely stick.  The defendant might be guilty of another theft crime, but likely not one as significant as robbery.  Other defenses include the honest belief that you had a right to the property, you are the victim of mistaken identity, or you have been falsely accused.

If you or a loved one has been charged with robbery, burglary, grand theft or any other felony in Los Angeles, contact Los Angeles criminal defense lawyer Ross Erlich today.  Getting Ross Erlich involved in the case early can have tremendous benefits for the client and can help to actually lower the financial cost of the case.  Los Angeles criminal defense lawyer Ross Erlich works closely with bail bondsmen who can offer beneficial rates to clients and are available 24 hours a day, 7 days a week to assist.

Being charged with robbery is an extremely serious event in someone’s life.  It is one of the most serious felonies and one that all prosecutors in the District Attorney’s office take seriously.  It is crucial that your attorney have enough time to prepare for court, deal with any case-related matters prior to the first court date, and have time to contact the prosecutor’s office.  Do yourself, or your loved one, a favor and do things the right way the first time so that you don’t have to try to go back and correct things, which almost never work out.  Call a lawyer right away, get good representation, make sure you cooperate with your lawyer and bring to light any and all relevant factors that pertain to the case.

Contact Los Angeles criminal defense lawyer Ross Erlich today for a free consultation.

Arrested For Domestic Violence? Now What?

One of the most common calls that I get as a criminal defense lawyer in Los Angeles is, “I was arrested for domestic violence, now what do I do?”  This is a great question and the full answer is usually surprising to most people.

After someone gets arrested for domestic violence, there is usually an 8-day criminal protective order that is immediate issued so that the person arrested may not contact, be within 100 yards of, harass or annoy the victim in the case.  If the suspect posts bail and is given a future court date, this can be anywhere from 3 to 8 weeks from the day they bail out.  Thus, if the temporary criminal protective order expires, they are free to cohabitate or have contact with the victim.

The tricky part of these cases is once the court proceedings start.  For felonies in California, with certain limited exceptions, the defendant needs to be present at court for all court appearances.  In misdemeanors, with certain exceptions, a privately-retained criminal defense lawyer can appear on the client’s behalf without them having to be present.  In both cases, in any case involving “violence”, of which domestic violence is apart of, the defendant needs to be present on the first day of court to received service of the new criminal protective order against them.

Yes, you heard correctly.  A new protective order.  As was explained above, this order (typically) prevents the defendant from being within 100 yards of the victim, the location where the incident happened and prevents them from calling, texting, emailing or otherwise making contact with the victim.  This order lasts for the duration of the case, which can mean up to several months.  So, keep in mind that there might be the case where, if you are charge with domestic violence, you may need to find alternative living situations, not be in contact with your spouse or significant other and have other limitations with regards to daily life activities.  A violation of this order can lead to a new, separate, criminal charge against you.

A victim may choose to show up to court in an attempt to ask the judge to allow a “peaceful contact” order and not a full stay-away.  This would allow the defendant and the victim to live together and have contact, but would prohibit any non-peaceful contact by the defendant.  Keep in mind that this is really up to the judge, so if it is early on in the case or the violence in the case was significant, a judge may decide not to allow peaceful contact even if the victim shows up in court and says that they would like the order changed.

Now, once all of the “preliminary” matters are dealt with, comes the litigation of the actual case.  Domestic violence can be charged a number of different ways in California.  First off, it can be a felony or a misdemeanor, depending on the facts of the case, injuries, defendant’s prior record.  Secondly, there are several different Penal Code sections that deal with an incident among those in a domestic relationship.  Corporal injury to a spouse or cohabitant, domestic battery, child abuse, child neglect, elder abuse and criminal threats are all examples of “domestic abuse” related charges.

Oftentimes these cases come down to a “your words against theirs”, or a “he said, she said” type case.  Thus, what the victim says on a 911 call and what they might have said to responding officers or a detective at the police station is highly relevant in determining how to handle a domestic abuse case.  In many instances, depending on the types of statements made by the victim and to whom, if they victim does not show up to court, the prosecution may not be able to use those statements at trial.

It is important to “plan early” for domestic violence cases.  Maybe even more so than with other criminal charges.  It is important to be aware of the protective order that will be issued and make arrangements for that.  It is important to note that you will never be able to own a firearm if you are convicted of domestic violence.  It is also important to note that in nearly all instances of a conviction of a domestic violence charge, the defendant will have to complete a 52-week Los Angeles County approved domestic violence class, among other terms and conditions of probation.  It is also important to note that a conviction for certain domestic violence charges can have a devastating impact on someone’s immigration circumstances.

This is why contacting Los Angeles criminal defense lawyer Ross Erlich as early as possible can help for you to plan how to fight the charges.  A Los Angeles domestic violence lawyer will know what steps that can be taken prior to the arraignment might make a significant impact in the outcome of your case.

If you, or someone you know, has been arrested for domestic violence or domestic battery in Los Angeles, Ventura, San Bernardino or Orange counties, contact Los Angeles criminal defense lawyer Ross Erlich today for a free case consultation at 323-222-4529.

 

Mental Health In County Jails And California’s Mental Health Diversion Program

One thing that any criminal defense lawyer in Los Angeles or any other southern California community knows is that the area’s county jails have become the largest mental health provider in each respective county.  You can trace this back some 50 years to the closing of many mental health hospitals, but the fact is, county jail is the de facto treatment center.

In the local southern California counties, the mentally ill inmate population has been on a steady incline over the years.  The percentage of inmate with some identifiable mental health issue is up to 25% in San Bernardino County, 30% in Orange and Los Angeles Counties and up to 45% in Riverside County.

While county jail is not the preferred place to treat the mentally ill, counties are at a loss when it comes to resources and the ability to divert mentally ill persons who may commit crimes, many of those crimes a result of their mental illness.  There have been numerous lawsuits against county jails that arise out of unhealthy conditions, cramped and crowded environments, being kept in isolation, and lack of supervision, therapy and appropriate medication.

As a result of these lawsuits and their settlements, Los Angeles County has given their jail deputies better training for handling and identifying mental health issues and suicidal risks, removed certain suicide hazards from housing areas and have improved the wait time for new at-risk inmates to be screened.

Los Angeles County will also be replacing the old and outdated Men’s Central Jail with a new facility that will be focused on mental health and run by the county health department.

One other option if you or a loved one suffers from a mental illness and has been charged with a crime in Los Angeles County is the county’s (relatively) new mental health diversion program in the courts.  This program has been codified in California Penal code section 1001.36.

This diversion allows judges the discretion to help criminal defendants who suffer from a mental illness to obtain treatment in lieu of the more traditional penalties such as jail or state prison and convictions on their criminal record.

Some key points of this diversion program are that it applies to both misdemeanors and felonies and it can be implemented at any point during the criminal proceedings, until trial.  Additionally, the treatment must meet the accused’s needs, it may be obtained through private or government funds, it must provide the court regular progress reports and it can last no longer than 2 years.  If a person is successful with mental health diversion, their criminal cases will be dismissed and the arrest record will be sealed for most purposes.  It will almost be as if the arrest never took place.

In order to qualify for mental health diversion, all of the following must be met:

  • The defendant must show that they suffer from a mental health disorder
  • The disorder must have played a significant role in the commission of the crime
  • A qualified mental health expert must give the opinion that the defendant would respond to mental health treatment
  • The defendant must consent to the mental health treatment
  • The defendant must agree to comply with treatment as a condition of diversion
  • The court must believe the defendant will not pose an unreasonable risk of danger to public safety

If you or someone you know suffers from a mental illness and has been charged with a crime in Los Angeles County, Orange County, San Bernardino County or Riverside County, contact Los Angeles criminal defense lawyer Ross Erlich today for a free consultation.

McDonald’s Manager Attacked Over Ketchup. Yes, Ketchup.

Police in Santa Ana are looking for a suspect in a violent attack on a McDonald’s manager after the suspect requested ketchup.

According to police, the suspect entered the back employee entrance of the restaurant and requested the ketchup.  When the manager told the suspect that she was not allowed in that employee area, the suspect started kicking, punching and choking the manager.  The surveillance footage of the incident shows the suspect banging the manager’s head against a soda machine with her hands around the manager’s neck.

Eventually a man appears from the back entrance and walks the suspect out of the McDonald’s.

The suspect is likely going to be facing assault and battery charges, as well as potential criminal threats and commercial burglary charges.  In additional to facing charges for violent felonies, this case has gotten a decent share of publicity locally and prosecutors know that news outlets, and the public, will be watching.  What does that mean?  Well, it means that they are likely going to want to make sure the suspect faces a stiff sentence and any effort to negotiate or get a lenient sentence will be met by fierce opposition.

Typically, assault and battery charges and even commercial burglary charges can be dealt with by either a civil compromise, a diversionary sentence, probation, or some reduction of charges.  Depending on the nature of the assault/battery, the monetary amount of items taken or the type of conduct that occurred, a skilled Los Angeles criminal defense attorney can help navigate a sentence that does not result in a conviction, a dismissal, suspension of criminal proceedings or other advantageous results.

If you or someone you know has been arrested in Los Angeles for assault, battery, making criminal threats or committing a commercial burglary, contact attorney Ross Erlich today for a free consultation.  Remember, don’t walk into court without someone speaking for you.

MTV’s Teen Mom Star Could Face Jail Time

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 courthouseVan Nuys courthouse or the Downtown CCB courthousecontact attorney Ross Erlich as soon as possible.  There might be ways to civilly compromise your case and get charges permanently suspended.

Arrest Made in 4th of July Assault of 91-year-old Man

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 courthouseVan Nuys courthouseSan Fernando courthouseClara Shortridge Foltz (CCB) courthousePasadena courthouseBurbank courthouse and works throughout Los Angeles county, Orange county and Ventura county.

Call 323-222-4529 for a free case consultation.

“Diddy” Gets A City Attorney Hearing Scheduled

The Los Angeles City Attorney’s Office has, formally, set a hearing to determine whether or not Sean “Diddy” Combs will face charges of assault after he was arrested following an argument with a UCLA football coach in June.  UCLA police arrested “Diddy” after, it was alleged, he swung a kettle-bell weight at a coach and made criminal threats during a dispute.  The hearing is set for mid October.

A City Attorney Hearing is an informal proceeding that is conducted as an alternative to a misdemeanor criminal charge being filed in court by the Los Angeles City Attorney’s Office.  An arrest usually gets to a City Attorney hearing after the District Attorney’s office declines to file a felony charge and the conduct or facts of the case are not serious enough to warrant a “straight out” filing of a misdemeanor charge by the City Attorney’s office.

The hearing is an informal proceeding that is conducted by a hearing officer, not a prosecutor or police officer.  The defendant may be represented by an attorney at the hearing where, in all honesty, it is more of a slap on the wrist than something that will result in criminal charges.  The main focus of the hearing is to determine if it is necessary to prosecute the criminal case (file charges) or to withhold that filing.  The hearing officer may simply say “don’t let this happen again” or can request the defendant to take anger management classes or something along those lines.

As part of the proactive, pre-filing work done by attorney Ross Erlich, a common practice is to contact law enforcement and the prosecutor’s office right away to see if there is any way to avoid having the case filed at all.  If there is little chance to get the case rejected, attorney Ross Erlich works to “push” the case towards a City Attorney hearing and not to court.

If you or someone you know has been arrested for a misdemeanor charge in Los Angeles, Orange County or anywhere in Southern California, contact attorney Ross Erlich as soon as possible.  Cases can move quickly from arrest to court date and, in most instances, getting a case to a City Attorney hearing takes place during that time.

Contact our office today for a free consultation.

Zac Efron Punched In The Mouth By Homeless Person

Zac Efron and his bodyguard were allegedly involved in an assault and battery with transients in Downtown Los Angeles that resulted in Efron being punched in the mouth.

The incident took place at approximately 2 a.m. when, according to the Los Angeles Police Department’s battery report, police found two homeless men involved in the fight near a freeway entrance.

According to another celebrity news website, LAPD officers said they saw Efron and his bodyguard involved in a “full-blown melee with at least three other people” when they arrived.  Efron told police that his car ran out of gas and he and his bodyguard got into the confrontation when a bottle was thrown from his vehicle.  The website also reported that the homeless men attacked the bodyguard with a knife and Efron threw a bottle of vodka out of the car to fend off the attack.

No arrests have been made.

If you have been arrested or cited for assault and/or battery in Los Angeles, it is important to contact attorney Ross Erlichfor a free case consultation.  Being able to start work on the case before your scheduled court date can have tremendous benefits for possible outcomes.  Compensating the victim for any damages and out-of-pocket expenses before you walk into court for the first time shows the judge and prosecutor proactiveness and a good attitude towards resolving the matter.  This may open the door for a civil compromise to take place and prevent any type of criminal conviction on your record.

Assault and battery charges can mean jail time, fines and fees, anger management classes, restitution to the victim(s) and a violent crime conviction on your record.  If you have been involved in an assault and/or battery in Downtown Los Angeles, Hollywood, North Hollywood, Beverly Hills or Santa Monica, contact attorney Ross Erlich 24/7.

Attorney Ross Erlich handles all assault and battery charges in the Airport Court, Criminal Courts Building (CCB), East Los Angeles Court, Burbank Court and Pasadena Court.

Actress Charged In West Hollywood Bar Fight Pleads Not Guilty

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 Due In Pasadena Court In Death Of Marine Reservist

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.

Inglewood Police Standoff Leads To Attempted Murder Charges

A man who shot at, and injured, police officer’s in a hostage standoff last week has been formally charged with multiple counts of attempted murder of a police officer, kidnapping and child abuse.

In total, the man is being charged with 26 felony counts and include the attempted murder of police officers, assault on a police officer with a semiautomatic firearm, kidnapping, child abuse, false imprisonment, possession of a firearm by a felon and making criminal threats.  If convicted at trial, this man faces up to life in prison.

Allegedly, Mr. Warsaw, the suspect in this case, took his girlfriend and her child hostage for nearly eight hours.  Mr. Warsaw was allegedly seen dragging a screaming woman by her hair outside of a residence.  When police officers arrived to the location, shots were fired from inside a room at the house.  An Inglewood Police officer was shot once in the chest but was saved by the bulletproof vest.

Ultimately Warsaw was taken into custody and booked into jail on these charges.

Shooting a gun at a police officer might be one of the worst things to do if you are being confronted by law enforcement.  Not only are you risking being shot at, you are looking at potential attempted murder and assault with a deadly weapon charges, and these are some of the serious charges around.

The best thing to do if contacted by law enforcement is to cooperate fully, exercise your right to remain silent, and request to speak to your attorney before being questioned. Too many times do I see statements made to law enforcement with the hopes that people can “talk their way out of the situation.”  I’ve yet to see someone successfully do so.

If you have been charged with assault with a deadly weapon, kidnapping, child abuse, false imprisonment, possession of a firearm or making criminal threats, contact attorney Ross Erlich as soon as possible and definitely before you make any statements to the authorities.  Remember that the first call you make to Attorney Ross Erlich will likely be the smartest call you will ever make.