Orange County Criminal Lawyer Blog

Santa Ana, Orange County - With the Fourth of July weekend fast approaching many people throughout Orange County are preparing their own celebrations, and some plans may include setting off fireworks.

Santa Ana criminal defense attorney Michael L. Guisti wants you to understand that before you set off fireworks make sure they're legal, because local police are adding extra patrols this weekend to catch those with illegal fireworks and the Orange County District Attorney will prosecute those cited and/or arrested for illegal fireworks.

Attorney Guisti explains they're only a handful of cities in Orange County where setting off personal fireworks are legal, including Santa Ana, Garden Grove and Buena Park. Even within those cities where personal fireworks are allowed, Guisti goes on to say, there may be some parts of those cities where setting off fireworks are illegal. Guisti says if you set off legal fireworks in a city where personal fireworks are illegal, such as Newport Beach, Irvine and Fullerton, you could be subject to fines.

The big issue Fullerton criminal lawyer Guisti stresses is if personal fireworks are allowed in your Orange County city, or you're planning on going to a city where personal fireworks are allowed, and you're planning on setting off fireworks make sure they're the "Safe and Sane" fireworks, as in legal in California fireworks, as approved by the state fire marshal. Attorney Guisti explains that if you happen to get caught either possessing illegal fireworks and/or setting off illegal fireworks you now face a misdemeanor charge.

The misdemeanor charge can range from a $500 fine to a more severe punishment of a year in Orange County jail and a $10,000 fine depending on how many illegal fireworks you had in your possession, according to Santa Ana criminal lawyer Guisti.

Newport Beach criminal attorney Guisti stresses things like M-80s are considered explosives by California law and if you're in possession of such items and/or set them off you will be subject to possible felony explosive charges.

Attorney Guisti says local police and the Orange County District Attorney always prosecute illegal fireworks charges, and that is why if during this Independence Day weekend if you or somebody you know was arrested for illegal fireworks you need to have a good attorney on your side to keep you out of jail and keep the fines low, or find a way to dismiss your case altogether. Guisti says even though it may be exciting lighting a M-80 maybe brought up from Mexico, or a bottle rocket, Roman candle, or even creating your own fireworks, remember that it could get you into a lot of trouble and lead to potential jail time.

The rule of thumb, Westminster criminal attorney Guisti says, if you have a firework that shoots up into the air and/or makes a loud exploding noise it's probably an illegal firework. Guisti says all California "Safe and Sane" fireworks don't shoot up into the sky nor make a very loud exploding noise.

If you or somebody you know are facing illegal fireworks charges charges call the Law Offices of Michael L. Guisti right now at 714-530-9690 and let us take care of it.

Irvine, Orange County - An Irvine area woman has been arrested on embezzlement, grand theft and forgery charges after allegedly stealing more than $100,000 from her employer.

The woman, 45-year-old Deborah Lynn Kessler, was a dental office manager for an Irvine dentist and investigators believe over the course of three years she signed insurance payments to pay for RVs, boats and vacations. The Orange County Sheriff's Department tells reporters a number of checks made from insurance companies like Aetna and Delta Dental were discovered missing during an audit and sheriff investigators believe Kessler changed the checks, endorsed them, and handed them over to her own accounts.

Irvine embezzlement attorney Michael L. Guisti explains that embezzlement is when you unlawfully take something that was entrusted to you, and in this case insurance checks for thousands of dollars were entrusted to the suspect to put into the proper bank account, which Kessler allegedly didn't do and instead allegedly signing the checks over to herself.

Now, Irvine Attorney Guisti explains, embezzlement is no longer a crime in and of itself, but now it falls under theft crimes, which is why the suspect is being charged with grand theft and forgery.

Irvine white collar criminal lawyer Guisti explains the grand theft is taking one's property that is value over $950 and can be charged either as a felony or misdemeanor, but given the amount allegedly taken this will likely be tried as a felony.

Depending how often the suspect allegedly signed over the checks, according to Guisti, the Orange County District Attorney could try to charge each of those deposits as separate grand theft cases rather than consolidate them into one case. This is why, Guisti stresses, it's always important to have an attorney who can work something out with the DA, otherwise this could result in several years in jail.

Since the alleged stolen checks amount over $65,000 the suspect could face an additional and consecutive state prison sentence of one year, according to Guisti.

As to the charge of forgery, Irvine criminal defense attorney Guisti explains that when you knowingly alter a written document intending to commit a fraud, which could be charged either as a felony or misdemeanor.

Irvine embezzlement Guisti stresses the importance of hiring a professional criminal defense lawyer in a situation like this, because without a lawyer by your side you could end up in prison for many years.

If you or somebody you know are facing similar charges call the Law Offices of Michael L. Guisti right now at 714-530-9690 and let us take care of it.

Newport Beach, Orange County - Newport Beach Police responded to a call of a fight early Tuesday morning on the Balboa Peninsula and after arriving police learned the fight victim, who had facial injuries, had been the victim of robbery after telling police the suspect allegedly forcefully took his wallet and cash.

Witnesses gave Newport Beach Police a description of the suspect and police later found the suspect in Fullerton.

Newport Beach criminal defense attorney Michael L. Guisti says robbery is a very serious crime, because it's charged as a felony, which means if convicted the suspect could face several years in a California State Prison.

Attorney Guisti explains that the crime of robbery is taking another's property from the person's body or immediate possession accomplished by force or fear. Also, Newport Beach attorney Guisti goes on to say, unlike other theft cases, such a shoplifting and embezzlement, if you allegedly robbed somebody it doesn't matter how much or how little you took as you'll still face a felony robbery charge.

Newport Beach theft lawyer Guisti explains in this case since the victim has allegedly suffered injuries it's possible the suspect could face enhanced charges under California's great bodily injury enhancement. Attorney Guisti explains that if during the robbery a suspect causes the victim substantial physical injury the suspect could face a three to six-year prison sentence in addition and consecutive to the penalty received for the robbery conviction.

The Newport Beach attorney says what is considered "great bodily injury" can vary and that is why if you or somebody you know have been arrested for robbery you need to call and set up an appointment with an experienced Orange County criminal defense lawyer right away.

Newport Beach criminal defense lawyer Guisti says in defending robbery cases if no force or fear was used during the alleged crime it doesn't qualify as robbery under California law. Again, attorney Guisti says, what is considered "force or fear" is debatable, and that is another good reason why you need an experienced Orange County criminal defense attorney on your side.

If you or somebody you know are facing any kind embezzlement, grand theft, robbery, shoplifting, fraud, petty theft, burglary, or any kind of theft charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

Aliso Viejo, Orange County - Near Irvine last week a teenager reportedly assaulted a school staff member at Aliso Niguel High School in Aliso Viejo.

The incident occurred during a lunch period at the volleyball court, according to the Orange County Sheriff's Department.

The name and age of the suspect hasn't been released and it's unclear if the suspect will be charged as a juvenile or adult.

Irvine assault defense attorney Michael L. Guisti explains many people, understandably, think assault and battery are basically the same, but attorney Guisti says they're two different crimes with different charges.

Assault, Orange County criminal defense attorney Guisti explains, is simply when a suspect performs an act that is likely to result in the use of force to another person and can only be charged as a misdemeanor. Battery is when you actually touch somebody and it doesn't matter if the "touch" was violent or even a tap with a finger as long as police and the Orange County District Attorney believe it was done in an angry or offensive manner you'll be charged with battery and it can be charged either as a misdemeanor or felony, according to attorney Guisti.

Irvine battery attorney Guisti explains if convicted of assault the suspect could face up to six months in Orange County jail and probation.

Attorney Guisti says he has come across people asking him if they should bother hiring a lawyer for assault, and Guisti says by making an appointment and hiring a professional Irvine lawyer in a case like this our lawyers can keep you out of jail and later expunge the assault, or we can even work to reduce charges or have them dismissed completely.

Irvine criminal defense lawyer Guisti says if you've been arrested for assault you need to take this charge seriously, because even though the consequences may not seem that severe the arrest and charge of assault is something that shows up on your record when potential employers and other people run a background check on you.

If you or somebody you know have been arrested for assault, battery, criminal threats or a crime related to domestic violence you must call the Irvine Law Offices of Michael L. Guisti at 949-390-9898 right away.

There are three Orange County DUI checkpoints this weekend in Huntington Beach, Orange and San Clemente.

On Friday, June 17, the Orange County Sheriffs' will be performing a DUI checkpoint at an undisclosed location in San Clemente between 6:30 p.m. until 2:30 a.m.

Also on Friday Orange Police will be conducting a DUI checkpoint in the area of 700 N. Tustin between Katella and Walnut between 8 p.m. and 3 a.m.

On Saturday Huntington Beach Police will conduct a DUI checkpoint in the area of Beach Bl and Main St. between 9 p.m. to 2:30 a.m.

Fullerton DUI attorney Michael L. Guisti explains that if you see a DUI checkpoint you're legally allowed to turn away from it, just as long as you're not breaking any traffic laws and you don't appear to be DUI.

Also, Fullerton criminal lawyer Guisti notes, if you pull up to a DUI checkpoint and police ask to see your driver's license, but you're driving on a suspended license or without a license the police can impound your car.

Attorney Guisti also advises if you do have a designated driver be mindful of other potential alcohol problems while out having a good time this weekend, such as being drunk in public, buying alcohol for minors and other problems that occur sometimes while drinking at bars and clubs, however unintentional, like assault, battery and even making criminal threats.

Should you or your friends have any legal problems this weekend call the Law Offices of Michael L. Guisti at 714-530-9690 and we'll do all we possibly can to keep you out of jail.

Westminster, Orange County - A Westminster man was sentenced to state prison Tuesday after pleading guilty to felony grand theft after stealing over $650,000 from a widow.

The suspect, Hoang Quoc Tathanhlong, 50, of Westminster, told the woman, who has not been identified, that he was certified financial planner working for TD Ameritrade and persuaded her to transfer $240,000 in proceeds from her husband's life insurance policy into an a certificate of deposit under Tathanhlong's name that would accrue interest for a three-year period.

Tathanhlong later persuaded the woman to invest an additional $390,000 by taking equity from her home to raise the funds.

The Orange County District Attorney says Tathanhlong took the money and began day trading with and buying personal items.

Westminster theft attorney Michael L. Guisti explains grand theft is the unlawful taking of property valued at $950 or more is grand theft under Penal Code 487.

Orange County criminal attorney Michael Gusiti says they're several ways somebody could commit grand theft, including by trick and false pretenses, which is what happened in this case.

Westminster criminal attorney Guisti says grand theft is a "wobbler," which means the charge can either be filed as a misdemeanor or felony. What determines if the Orange County District Attorney files the charge either as a misdemeanor or felony, Guisti says, are the circumstances of the case and the suspect's criminal history.

In this case, Guisti goes on, since this was such a high amount it's no surprise he was charged with felony grand theft.

Orange County theft attorney Guisti also says under PC 487 a suspect can receive an additional and consecutive California state prison sentence enhancement if the valued property was over $200,000.

If you're facing embezzlement, grand theft, robbery, shoplifting, fraud, petty theft, burglary, or any kind of theft charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

Santa Ana, Orange County - An ex-Orange County Sheriff's Deputy who was accused of being drunk in public at the Central Justice Center in Santa Ana while awaiting his sentence for DUI and drug crime charges will not face any additional charges, according to the Orange County District Attorney.

The DA's office says the ex-deputy, Allan James Waters, 37, of Laguna Niguel was not intoxicated to the point of being drunk in public.

Santa Ana DUI attorney Michael L. Guisti explains that you're "drunk in public" if your drunkenness makes you unable to exercise care for your safety or safety of others, and/or your drunkenness interferes or prevents others from using streets and public ways.

The reality, attorney Guisti goes on to say, is Penal Code 674(f) is designed to "take care" of a person who is extremely intoxicated in public and who could be causing problems like starting fights.

Santa Ana criminal attorney Guisti says since Waters wasn't starting any problems and was able to take care of himself there was no need to charge him with being drunk in public.

Santa Ana attorney Guisti points out that if you're quite drunk and you're starting fights you'll probably also be charged with assault and battery, in addition to the drunk in public charge.

If convicted of being drunk in public you could face time in Orange County jail, according to Guisti.

Attorney Guisti says in popular areas like downtown Santa Ana and Fullerton where several people gather the police patrolling those areas and have been known to arrest people allegedly drunk in public in order to prevent potential problems from occurring.

People in trouble have asked Santa Ana lawyer Guisti before why were they picked out of the dozens of other likely drunk people to be arrested for allegedly being drunk in public. Guisti says they're a variety of reasons why, and that is one reason you should hire an Orange County criminal defense attorney if you were arrested for this charge to ensure your rights weren't violated.

If you're facing any kind of drunk in public or DUI charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

Irvine, Orange County - Irvine is considering a proposal to ban sex offenders from city parks, and if the proposal is passed it would be the latest Orange County city to ban registered sex offenders from city parks.

Already Costa Mesa, Huntington Beach and Westminster have passed local laws banning sex offenders from their parks and living near schools, which if a registered sex offender breaks that city law it could result in a misdemeanor.

In Irvine it's unclear how the proposed ban would work. Some cities have banned all registered sex offenders from parks while other cities have only banned sex offenders convicted of sex crimes against children from their parks.

Irvine sex crimes defense attorney Michael L. Guisti explains when you've been convicted of a sex crime depending on the punishment you may have to register as a sex offender under Penal Code (PC) 290, which means you basically have inform local law enforcement on your where you live.

Irvine criminal defense attorney Guisti explains not all sex crimes require registration if convicted, often just the most serious crimes, such as rape, lewd acts, child pornography and even certain cases of indecent exposure.

Guisti says if you're being accused of a sex crime it's very important to consult with an Orange County sex crimes lawyer right away to ensure your rights as they've been many cases where the alleged victim exaggerates or lies to police about what happened.

Once you're required to registered as a sex offender you're registered for life, however Irvine sex crime lawyer Guisti says there are ways to have your sex offender registration requirement and conviction expunged, and it's best to see an Orange County expungement attorney.

Attorney Guisti explains that for the proposal Irvine ban and the bans already in affect in Costa Mesa, Huntington Beach and Westminster the California courts have ruled in those cities favor banning registered sex offenders from parks and schools. Guisti says it's possible at some point the U.S. Supreme Court might have to take up this issue and give a final ruling on whether or not cities can ban registered sex offenders from their parks and schools.

If you or somebody you know are facing sex crime charges or similar charges it's very important to contact an Orange County defense lawyer right away to ensure your rights, protect your reputation and keep you out of jail.

If you're facing any kind of sex crime charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

Costa Mesa, Orange County - The Costa Mesa DUI defense lawyers want to advise you of a DUI checkpoint for tonight, June 10, at an undisclosed location in Costa Mesa between 6 p.m. and midnight.

When it comes to DUI checkpoints the number one question Irvine DUI defense attorney Michael L. Guisti is always asked, "If I see a DUI checkpoint can I just turn around?"

Yes, just as long as you don't break any traffic laws, according to Guisti.

According to attorney Guisti you have the legal right to drive away from a DUI checkpoint, as long as you don't violate any traffic laws and/or display signs you're DUI.

That said, Irvine DUI defense lawyer, Guisti continues, many people turning away from a DUI checkpoint often make the mistake of making a sudden U-turn crossing the double yellow line, which is a traffic violation and now invites a traffic ticket.

Now even if you've turned away legally be advised if you have some minor issue with your car, like a taillight out, you can expect to be pulled over and questioned, according to attorney Guisti.

Also, Irvine criminal defense attorney Guisti stresses, if you're driving without a license or with a suspended license and pull up to the DUI checkpoint Costa Mesa Police can impound your car.

If you're facing some kind of DUI charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

Fullerton, Orange County - An auto burglary suspect is sought after breaking into a reported locked car and stealing an off-duty Orange County Sheriff's badge and two handguns Wednesday night, according to authorities.

The incident occurred north of Fullerton in La Mirada at a restaurant parking lot and authorities say it's unclear if the suspect knew of the contents inside the car prior to breaking in.

Fullerton criminal defense attorney Michael L. Guisti explains there are a few issues here in this case, but wants to focus on the crime of auto burglary itself as this crime is actually not as clear-cut as it may seem and misunderstood, because for a charge of auto burglary under Penal Code (PC) 459 the suspect must break into a locked car.

If the car was unlocked or even if the trunk was unlocked, attorney Guisti goes on to say, the suspect cannot be charged with auto burglary, because to be charged under PC 459 the suspect must alter the car's physical condition to gain entry.

Fullerton burglary defense lawyer Guisti says that if a suspect enters an unlocked car and then is caught the suspect can still be charged with trespassing, or if the suspect steals an unlocked car they could still face a grand theft auto or "joyriding" charge.

In many auto burglary cases there could be other charges police and the Orange County District Attorney can add on, such as robbery and petty theft or grand theft if items were stolen from the car, according to attorney Guisti.

The bottom line, Fullerton auto theft defense lawyer Guisti says, if you enter an unlocked car or open an unlocked trunk you're not guilty of auto burglary, but it's what you do once inside the car that invites more serious charges.

If you or somebody you know are facing auto burglary charges or similar charges it's very important to contact an Orange County criminal defense lawyer right away to ensure your rights, protect your reputation and keep you out of jail.

If you're facing any kind of assault and battery charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

Irvine, Orange County - A man was arrested for assault and battery after allegedly kicking his boss at his Irvine house for firing him from his job the previous day, according to the Orange County Sheriff's Department.

The man showed up at his former boss' Irvine house to pick up his final paycheck, however sheriff officials say the man began making threats and soon kicked his former boss.

Irvine criminal defense attorney Michael L. Guisti explains that many people understandably think assault and battery are the same crime, but Guisti stresses that isn't so as both assault and battery are separate crimes with separate criminal charges.

Irvine assault and battery defense lawyer Guisti explains that Penal Code (PC) 240 assault is performing an act that is likely to result in using physical force towards another person, however there doesn't need to be any actually physical contact to be charged with assault.

PC 242 battery is actually using physical force against somebody and not just attempting as such, like assault, according to attorney Guisti. The thing is, Irvine battery attorney Guisti goes on to say, just slightly touching the person in an offensive matter can trigger a battery charge against you.

Now depending how the Orange County District Attorney files this case, according to attorney Guisti, if the suspect is charged and convicted of both assault and battery he would only be punished for one crime, because the courts ruled in People v. Reed a person may be not punished for more than one crime arising out of the same act or course of conduct.

Irvine assault and battery defense lawyer Guisti says there could be more to the story than simply the suspect going to his boss' house and kicking him, which, for example, there could have been a situation that resulted in the suspect using self-defense or even the victim using "fighting words."

Attorney Guisti says in many of these types of cases there is always another side to the story that the police or DA don't always receive, and that is why you need to hire a professional Orange County criminal defense attorney if you find yourself facing similar charges.

If you or somebody you know are facing similar charges it's very important to contact an Orange County criminal defense lawyer right away to ensure your rights, protect your reputation and keep you out of jail.

If you're facing any kind of assault and battery charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

Costa Mesa, Orange County - A 19 year old woman was arrested for shoplifting after allegedly trying to walk out with dozens of unpaid items from the South Coast Plaza and was later charged with petty theft last month.

Costa Mesa Police say security followed the suspect through the South Coast Plaza after receiving a call from a store employee who witnessed the woman allegedly putting items in her purse and coat pockets.

Irvine shoplifting defense attorney Michael L. Guisti explains petty theft under Penal Code (PC) 484 and PC 488 means unlawfully taking property valued under $950, regardless of how much property was allegedly taken.

Attorney Guisti says he has seen and dealt with many cases where people have allegedly shoplifted just one item from places like the South Coast Plaza and Fashion Island in Newport Beach and be charged with grand theft, which are items valued over $950, and in many of these cases the suspect stole a single $1,000 piece of clothing.

Basically, Irvine theft defense lawyer Guisti says, if you stole a thousand items and its value was worth only $700 you would still be charged with petty theft, and if you stole only one item, no matter how big or small, worth $1,000 you'll be charged with grand theft.

In this case, attorney Guisti goes on to say, since this is being charged as a petty theft the suspect has options.

Irvine criminal defense attorney Guisti explains her Orange County lawyer could make a deal with the Orange County District Attorney's Office to have her placed in a diversion program and possibly have the petty theft charges dismissed.

If you or somebody you know are facing similar charges it's very important to contact an Orange County criminal defense lawyer right away to ensure your rights, protect your reputation and keep you out of jail.

If you're facing any kind of theft or shoplifting charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

If you're headed to Santa Ana this Friday evening, June 3, be advised of a DUI checkpoint in the area of 400 N. Fairview St., between First and Fifth streets between 8 p.m. and 1:30 a.m.

Irvine DUI defense attorney Michael L. Guisti wants you to know that when it comes to DUI checkpoints you have rights.

The number one question Irvine DUI defense attorney Guisti is asked, "If I see a DUI checkpoint can I just turn around?"

The answer is, yes!

According to attorney Guisti you have the legal right to drive away from a DUI checkpoint, as long as you don't violate any traffic laws and/or display signs you're DUI. The Supreme Court, Guisti goes on to say, ruled that police cannot just pull you over based on a "gut feeling," but they need to have reasonable suspension, and simply turning away from a DUI checkpoint doesn't constitute reasonable suspension.

That said, Irvine DUI defense attorney Guisti continues, many people turning away from a DUI checkpoint often make the mistake of making a sudden U-turn crossing the double yellow line, which is a traffic violation and now invites a traffic ticket.

Now even if you've turned away legally be advised if you have some minor issue with your car, like a taillight out, you can expect to be pulled over and questioned, according to attorney Guisti.

If you're facing some kind of DUI charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

Lake Forest, Orange County - A 14-year-old boy was arrested for assault with a deadly weapon Thursday evening after police said he pointed a knife to his sister's throat and threatened her.

This all began after the suspect's sister tried to stop him from moving out of their Lake Forest home following a domestic dispute with their father, and that is when he reportedly got a kitchen knife, put the knife at the sister and threatened to cut her with the knife if she told anyone that he was planning on leaving, according to the Orange County Sheriff's Department.

After the suspect left the father called 911 and sheriff deputies soon tracked the suspect down and arrested him for assault with a deadly weapon.

It's unclear if the suspect will be charged a juvenile or adult.

Irvine criminal defense attorney Michael L. Guisti explains that assault with a deadly weapon, commonly know as ADW, is charged under Penal Code 245(a)(1), which could be charged either as a misdemeanor or felony, and for Orange County prosecutors to prove the suspect committed the crime they must show, that the boy assaulted someone, and the assault was committed with a deadly weapon or other means of force likely to cause great bodily injury.

Unfortunately in many family disputes, attorney Guisti goes on to say, details on the alleged crime get exaggerated, because somebody wants to get back at another person. While sheriff deputies did find a kitchen knife on the suspect all that is available to support this charge is his sister's words against his, and attorney Guisti stresses this makes it a very defensible case.

Basically, Irvine assault defense attorneyGuisti goes on says, despite the alleged weapon being found on the suspect there is nobody who can corroborate the sister's accusation and with this being apart of a larger family dispute the Orange County District Attorney would have a hard time pressing ahead with this charge.

At most the OCDA might try to press a misdemeanor ADW charge, according to Guisti.

Should the suspect, or somebody in a similar situation, be convicted of misdemeanor ADW they face up to one year in Orange County jail, informal probation for up to five years, up to a $10,000 fine, community service and attendance in anger management classes.

If you or somebody you know are facing similar charges it's very important to contact an Orange County criminal defense lawyer right away to ensure your rights, protect your reputation and keep you out of jail.

If you're facing an assault with a deadly weapon charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

Anaheim, Orange County - A 17-year-old boy was arrested and charged with sexual battery after allegedly inappropriately touching a 17-year-old girl while dancing at Disneyland.

The alleged incident reportedly occurred in May during ElecTRONica, a dance party featuring electronica music set to the theme of the Sci-Fi film Tron.

The girl and her friends told Disney officials what happened, which Disney officials then escorted the suspect to a security room until Anaheim Police could arrive to investigate.

Anaheim Police Sergeant Rick Martinez tells reporters, "As the dancing progressed, the male began dancing closer to the female, and he eventually touched her inappropriately in a manner which constituted sexual assault."

Irvine sex crimes defense attorney Michael L. Guisti explains for there to be a sexual battery charge under Penal Code 243.4 the Orange County District Attorney must prove three things, first that the suspect in question touched the intimate part of her body, two that the touching was against the will of the girl or fraudulently obtained, and three, that the suspect touched the girl to specifically cause sexual arousal, sexual gratification, or sexual abuse.

Attorney Guisti says at dance clubs and very crowded places like Disneyland with so many people crowding around each other and loud noises all around it is possible the suspect never intended to specifically cause the abuse and it could have been a legitimate accident, which subsequently wouldn't constitute a sexual battery charge.

It's unclear if the suspect will be charged as a juvenile or adult.

If charged as an adult Irvine sex crimes defense attorney Michael L. Guisti says the suspect will likely face misdemeanor sexual battery charges, which if convicted he could face up to 6 months in Orange County jail and a $2,000 maximum fine.

If you or somebody you know are facing similar charges it's very important to contact an Orange County criminal defense lawyer right away to ensure your rights, protect your reputation and keep you out of jail

If you're facing sexual battery charges call the Law Offices of Michael L. Guisti right away at 714-530-9690.