Charges dropped for a Newport Beach man shooting and killing another man for self-defense

December 9, 2010

Rancho Santa Margarita, Orange County - Santa Ana felony crime Defense attorney Michael Guisti recently commented and discussed about a case on the crime news concerning a Newport Beach man was charged with Orange County murder charge but the case was later dismissed for self-defense.

Brain Scott Ostrom, 51 years, a pilot of Newport Beach, shot and killed a bail bondsman, Dean P. Maldonado, earlier this year over a love-triangle gone bad. After a 5-month investigation, the prosecutors decided that there was insufficient evidence that Ostrom was criminally liable in order to prove his guilt beyond a reasonable doubt. Therefore, Ostrom will not be charged in the case.

According to Irvine Criminal Defense lawyer and Santa Ana criminal attorney, Michael Guisti, one potential charge that could have been made would be Voluntary Manslaughter. California Penal Code 192 (a), Voluntary Manslaughter is a killing upon a sudden quarrel or heat of passion. Voluntary Manslaughter is seen as a lower case of murder because the defendant commits the crime out of an unexpected burst of anger instead of premeditation.

According to the California criminal attorney, who has many years of experience in manslaughter and other related felony charges such as voluntary manslaughter, vehicular manslaughter, involuntary manslaughter, homicide, murder, states that the key point here is the proof of "heat of passion" out of plaintiff's or the victim's provocation.

For example, finding your spouse or beau in bed with another, defendant is violently robbed by a perpetrator, murder of a family member are considered sufficient provocation. However, mere name calling, staring, mad dogging or looking by another are insufficient provocation and, thus the unusual killing followed will usually be considered murder.

The California felony crime defense lawyer further explains that Voluntary Manslaughter is a severe crime after murder. A defendant can face up to 11 years of imprisonment if convicted. If it is a third strike judging from the defendant's prior criminal history, the defendant may face 25 years to life imprisonment.

How can an experienced Orange County criminal defense attorney help you with your manslaughter defense, homicide defense or Murder defense in Orange County, Los Angeles, San Bernardino, Riverside throughout California?

At the Law Office of Michael Guisti our skilled Orange County criminal defense lawyers have been defending criminals that are facing Voluntary Manslaughter murder for countless years. We have been successful in helping clients in Orange County, Newport Beach, Irvine, Los Angeles County, Riverside County, San Bernardino County, and San Diego County. The organization and understanding that comes with early preparation by a knowledgeable defense attorney in Orange County can increase your chances of a favorable outcome, including the possibility of charges being dropped.

Consult with an experienced California criminal defense lawyer as soon as possible. Our California defense attorneys at the Law Offices of Michael L. Guisti are experts in handling voluntary manslaughter.

At Law Offices of Michael Guisti, our Irvine criminal defense lawyers are also highly experienced in trial and appeals in both state and federal court in Orange County, Newport
Beach, Fullerton, Huntington Beach, Tustin, Westminster, Irvine, Los Angeles, Riverside, San Bernardino and Riverside. Our California appeals attorneys and Orange County trial lawyers will utilize every possible method to achieve the best result possible. Call us today at 714-530-9690 for a free consultation with our skilled California criminal lawyers. You'll be glad you did.