Note: The author has almost 20 years of criminal law experience with the last 14 years doing exclusively criminal defense. He is licensed in the State of Ohio, and any legal opinions offered on cases (especially in other states) is done so without any insider information that is discoverable during the case. Always consult a locally licensed attorney before acting or relying on any legal opinions offered.
Around this time of year is when the action off the field starts to heat up in the NFL. Players find themselves with more time, and with more time comes more opportunity for legal trouble. This past week has been no different as two different players were charged with criminal offenses. Julian Edelman was charged with a violation of California Penal Code 594 for the offense of Vandalism. He is alleged to have jumped up on the hood of a person’s car damaging the vehicle. More recently, Odell Beckham Jr was charged with a violation of Louisiana Code Section 14:35 for Simple Battery for smacking the buttocks of a Superdome security guard. (The City of New Orleans also has a corresponding code section for the same crime, but for purposes of this discussion they are the same.)
While it is only the middle of January at the moment, these two cases are nevertheless relevant for the upcoming season as the wrong outcome could lead to sanctions from the league.
Julian Edelman
For Edelman, the case he is currently facing doesn’t seem to be a very serious one. However, it must be taken together with any prior involvement with the law to properly assess his fantasy value. At this point, it does not appear that Edelman has a lengthy criminal history, but there is a prior issue that could potentially become important. He was charged back in 2011 for a case in a nightclub involving the inappropriate touching of a female. However, the charge was dropped prior to it going forward in court. The main issue is not whether he was convicted, rather that he was charged in an incident that involved alcohol. The current case involves the same issue of alcohol use, and this could place Edelman in the league’s Substance Abuse program -- or he could be in it already and we don’t know. If that is the case, then all bets are off and he could be facing a suspension.
However, absent the focus falling on Edelman’s alcohol use, it’s unlikely Edelman faces much, if any, of a consequence from this case. Vandalism is defined as someone “maliciously” damaging or destroying another’s property. Most states have a lower level offense involving criminal damaging or mischief, but it appears the California Code covers those issues with a misdemeanor version of the Vandalism statute. There are defenses to the charge but those are narrow. Edelman would need to prove he either had permission to damage the property or that the damage caused was not malicious in nature. The latter of these arguments appears to be the most persuasive, but that’s impossible to know without having access to witness statements.
At this point, it isn’t known whether the charge will remain a misdemeanor or be increased to a felony, but it would be unusual to change the charge after the initial filing. The damage limit on a misdemeanor charge is $400, but if it is in excess of that amount it *can* be charged as a felony but can remain a misdemeanor with the discretion of the filing party.
A few things to be aware of:
- The role of the complaining party (Victim, or “Complaining Witness” aka CW) is one that is often overlooked. If the complaining witness, the victim, does not wish to go forward with the case, then the Prosecutor will often listen and dismiss the charges. The complaining witness is the Prosecutor’s client just like the Defendant is the client of the Defense Attorney. The Prosecutor usually listens to the wishes of the complainant. So, obviously, someone with Edelman’s money can offer to pay the complaining witness for the vehicle damage and as is often the case, that is enough to get it dismissed. This is a massive part of the case and may, in fact, lead to a dismissal of the charges.
- If the two parties know each other and there is some sort of ill will between the two, that would complicate the case. It is a fairly straightforward fact pattern, but if Edelman knows this individual and was being aggressive or purposeful in jumping on the car then the State’s case gets much, much easier and Edelman’s defenses melt away.
- The Court can also step in as to the alcohol issue. He may be able to earn his way out of the charge with some combination of alcohol counseling, community service, and/or restitution. If his prior history is concerning enough, he may only be able to earn a reduction of the charge, but a dismissal is still possible.
Edelman’s legal prognosis is good. There are several avenues this case could go down that would allow the case to be dismissed or drastically reduced. Outside of an alcohol-related issue, the likely outcome of this case in the majority of circumstances is a dismissal of the charges as part of a pre-trial diversion or incentive program. It is unlikely to affect his 2020 fantasy season but pay attention to the league’s response as to the substance abuse program to be 100% sure.
ODELL BECKHAM JR.
Beckham Jr.’s case is a bigger concern than Edelman’s. While the charges carry similar criminal sanctions, the implications of what Beckham is accused of are more serious. According to an article on NOLA.com, the Court initially rejected a charge of Sexual Battery and instead fell back on Simple Battery. While there have been many who are quick to dismiss Beckham’s actions as silly or horseplay, the fact that the initial filing was for Sexual Battery should tell people all they need to know about how serious the victim feels this case is.
The main issue to be aware of with this charge is that the statute in Louisiana is not one that requires physical harm to be present for Beckham to be found guilty. Some states only have assault statutes and those often require physical harm to be present. But Louisiana has a battery statute and it appears to fit perfectly with what happened. The unfortunate thing for Beckham is that the entire incident was captured on camera, so he is unable to put forth a defense that it was accidental, or any other spurious claim. The action, on video, is clearly purposeful, and after the slap on the butt Beckham is seen taunting and glaring at the security guard. It will be exceedingly difficult for a defense attorney to paint that video in a different light.
When faced with a difficult case from a factual standpoint, the defense attorney can attack the case from a mitigation standpoint. This seems to be Beckham’s best play. Yes, a slap on the butt isn’t the end of the world, but it is demeaning and denigrates the job that the security guard was doing that night. If Beckham can come to the guard and admit it was a silly move and admit that he was in the wrong, it is likely that this case can be resolved amicably. There is certainly no guarantee of that, however, as it sounds as though the complaining witness is not happy about what happened and carries significant ill will. As noted above, the wishes of the alleged victim are very important in these types of cases.
While Beckham’s case has a far lower incidence of dismissal or reduction, keep in mind that there is almost no chance he will face jail time or probation. It is likely that he can mitigate the damage and end up pleading to something lesser, but either way, it’s doubtful that he’ll face any serious consequences in criminal court.
In sum, the case is serious. He must take it seriously. But if he is getting good counsel from smart attorneys, his lack of prior involvement with the law should bode well for his chances to avoid too much damage.
In both of these cases, there is certainly always a possibility that the case can go awry. There is incomplete information to work with currently and the many moving parts of having a complaining witness, and different Prosecutorial discretion, means that all outcomes are possible. But as of now, there isn’t much of a chance that either player ends up with a massive sanction from a court or the NFL. Dynasty players can confidently hold or acquire both guys until further notice. Competent legal representation should allow both players to be on the field to start the 2020 season.
For more from this author check out his other pieces found here.
