Merriman Charged with Battery

Posted on: September 9, 2009 at 8:14 a.m.

Domestic violence is a serious Los Angeles crime, and any Los Angeles criminal defense attorney will tell you that the consequences can be dire. Whether you are a celebrity, a politician or a plumber, being convicted of battery towards a loved one can land you in jail.

There is a thin line between restraining someone and battery, as San Diego Chargers player Shawne Merriman has recently discovered. Star football player Merriman was arrested this past Sunday at his own home after reality star Tila Tequila (real name Tila Nguyen) called local police shortly before four in the morning and accused Merriman of both choking her and restraining her as she tried to leave his San Diego-area home. Merriman claims he was trying to prevent Tequila from driving under the influence of alcohol as she left his home. Tequila signed a citizens arrest warrant, formally charging Merriman with battery and false imprisonment, both of which could be tried as felony criminal offenses. Paramedics called to the scene did not report any injuries to Tequila at the time. She was taken to a local hospital and left two hours later.

In Los Angeles, battery is defined simply as any unwanted touching or striking of another person or anything connected to that person. Each case is different, however, and depending on the circumstances battery could be classified as either a misdemeanor criminal offense or a felony. Punishments for a battery conviction in Los Angeles can include county jail or state prison time, fines, probation or parole, anger management classes, the loss of your drivers license, or any combination of all five. The especially dangerous thing about a battery conviction is that if it is classified as a felony criminal offense, it could count as a strike under Los Angeles Three Strikes laws. In those cases, three or more convictions for eligible felony offenses could land you in a state prison for life. Even before that third felony offense, multiple felony convictions could lead to enhanced sentencing, meaning longer prison or jail terms, higher fines and longer probation or parole terms.

If you have been charged with battery in Los Angeles, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Our attorneys have over 50 years of combined courtroom experience in defending against battery charges. Some of the best defenses against battery charges in Los Angeles include self defense, or, as in Merrimans case, lack of intent. Call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense.

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Merriman Charged with Battery

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