Griffin O'Neal Arrested for Spousal Attack: "Worst Thing That Could Have Happened," Says Legal Expert

Ryan O'Neal's oldest son remains in custody at a San Diego jail after being arrested on suspicion of misdemeanor domestic violence

By Peter Gicas Jan 06, 2012 8:15 PMTags
Griffin O’NealKevin Winter/Getty Images

More legal woes for Griffin O'Neal.

The oldest son of actor Ryan O'Neal was arrested on New Year's Eve at his San Diego home on suspicion of misdemeanor domestic violence.

According to a sheriff's spokesperson, a family member made an emergency call on Saturday to report a disturbance involving someone "drinking too much" at O'Neal's residence.

"Upon further investigation and through witness statements, it was determined that Griffin O'Neal was being aggressive towards his spouse," the spokesperson said.

The 47-year-old was subsequently taken into custody and remains at the San Diego Central Jail in lieu of $10,000 bail.

Meanwhile, O'Neal is scheduled to be in court next Thursday for a sentencing hearing in connection with his head-on collision/DUI arrest last August. He faces a possible sentence of up to four years in prison.

However, his latest encounter with the law could make his sentencing next week much worse.

"If you commit a new crime, any promise that was made to you at the start of a plea bargain, the judge is theoretically free, under a Cruz waiver, to say you've forfeited your deal and I'm not letting you out of your guilty or no contest plea and I'm going to exercise my discretion to sentence you to whatever I choose," Criminal Defense attorney Alec Rose, who does not represent O'Neal, tells E! News.

In other words, his arrest over the holiday weekend doesn't bode well for O'Neal.

"It is absolutely the worst thing that could have happened to him," said Rose. "[O'Neal's] lawyers have tried very hard to negotiate some sort of leniency for him, so he has the opportunity for rehab despite his repeated difficulties of following through on it. He has once again promised to do good and apparently has not."

What's more, for his sentencing next week, Rose said that, in some cases, a judge could add more time to the sentence if someone was arrested while facing sentencing.

"When you promise to a judge that you are going to behave yourself, that creates a very strong presumption that can hurt you if you get arrested," said Rose.

—Reporting by Baker Machado