Orange County Criminal Lawyer Blog

Santa Ana, Orange County - An Irvine woman was in court Friday morning arranged on vehicular manslaughter with gross negligence charges as prosecutors allege she ran a red light while driving distracted and crashed into another car, killing the driver of that car.

Irvine criminal attorney Michael L. Guisti explains that under Penal Code (PC) 192(c) vehicular manslaughter is when you drive in an unlawful way, or if you drive in a lawful but dangerous way. Furthermore you can be charged with this crime if you staged an accident for insurance purposes and somebody was killed, and you'll probably also face insurance fraud charges, Guisti goes on to say.

Guisti explains if, for example, you're looking at your cell-phone or texting while driving and accidentally hit somebody and kill them you'll likely face this charge.

It's very important to have an attorney if you're facing this charge, Guisti explains, because it's a "wobbler," meaning it can be charged either as a misdemeanor or felony, and that can make the difference between something like a fine or a ten year in prison if convicted of felony vehicular manslaughter.

If you're facing vehicular manslaughter contact our Orange County vehicular manslaughter attorney specialists at the Law Offices of Michael L. Guisti at 888-478-8999 so we can give you the best defense in Orange County with the best outcome.

Los Angeles - This week the high-profile trial of Michael Jackson's personal physician Conrad Murray began at the Criminal Courts Building in Los Angeles where prosecutors allege Murray gave the King of Pop an overdose of Propofol that led to his death.

Murray is being charged with involuntary manslaughter as the L.A. District Attorney alleges criminal negligence on Murray's part since he administered such a large dose of the anesthetic as a sleep aid rather than its intended use where small amounts are used to help put people "under" for surgery.

Irvine criminal attorney Michael L. Guisti explains that criminal negligence in involuntary manslaughter means that the death was not the result of inattention or a downright mistake, but it was a reasonably foreseeable consequence.

In this case, the prosecution alleges, Murray knew or should have reasonably known, being a medical doctor, giving Jackson so much Propofol would result in dire consequences, says Guisti.

Under Penal Code 192 involuntary manslaughter is a felony and if convicted Murray could face up to four year in state prison and lose his medical license.

Even if Murray isn't found guilty it's possible he could still face issues retaining his professional license, says Guisti.

If you're facing involuntary manslaughter charges call the Orange County manslaughter attorney specialists at the Law Office of Michael L. Guisti at 888-478-8999 so you can have the best defense available with the best outcome possible.

Fullerton, Orange County - A 21-year-old Fullerton woman has accepted a plea deal for the death of her newborn son on Monday, in which she will not be charged with murder, but had to plead guilty to felony child abuse.

Yanira Bernice Valderrama concealed her pregnancy from her family and gave birth to the baby in the family's bathroom. It was there where she submerged the newborn in the toilet and soon after wrapped it in a t-shirt and left him in a garbage can in her bedroom where Valderrama's mother later discovered the newborn, according to the District Attorney.

Fullerton criminal attorney Michael L. Guisti says felony child abuse is a very serious charge, but compared to facing murder charges this is a fairly good deal and underscores the importance of having a experienced defense attorney.

The big thing here, Guisti goes on to say, is time in prison as murder charges can potentially lead to life in prison where as felony child abuse charges only carry a maximum of six-years in prison.

During the sentencing phase the judge is going to have to consider her past criminal history, so it's possible the judge may not give Valderrama the maximum sentence, says Guisti.

Guisti points out that child abuse under Penal Code (PC) 273d, which Valderrama pleaded guilty to, only deals with the physical abuse of a child and not any sexual abuse or emotional abuse of a child, and both of those are covered under separate PC sections.

Under PC 273d child abuse is a "wobbler" and can be charged either as a misdemeanor or felony.

If you're facing murder charges or child abuse charges this is very serious and you must contact the Law Offices of Michael L. Guisti Orange County child abuse attorney and Orange County murder attorney specialists at 888-478-8999 right now.

Our experienced Orange County lawyers will work to get you the best possible deal.

Costa Mesa, Orange County - We know of at least two DUI checkpoints happening this weekend in Orange County.

On Friday evening there will be a San Juan Capistrano DUI checkpoint at an undisclosed location between 6:30 p.m. and 2:30 a.m.

On Saturday evening there will be a Costa Mesa DUI checkpoint at an undisclosed location between 6 p.m. and 2 a.m.

[If you know of any other DUI checkpoints in Orange, Los Angeles, San Bernardino, Riverside or San Diego Counties please let us know on our Facebook page.]

A question commonly asked to our Orange County DUI attorney specialists is, if you see a DUI checkpoint ahead do you have the legal right to turnaround?

Orange County DUI lawyer Michael L. Guisti explains if you see a DUI checkpoint ahead you do have the legal right to turn around and not go through it, however, when you turnaround just make sure you're not breaking any traffic laws.

Many times over, Guisti says, somebody approaching a DUI checkpoint will suddenly make a U-turn crossing over the double yellow lines, which gives police the right to pull you over.

Guisti says police can pull you over if they think you're DUI, or if you have some issue with your car like a taillight out expect to be pulled over.

Sometimes, according to Guisti, if you're able to turn around without breaking any traffic laws some police departments will keep squad cars posted along the opposite side of the street and nearby side streets to give the intimidating impression you're going to be pulled over if you turn around and refuse to go through their DUI checkpoint. Other times police will simply block off entries to side streets and even block legal U-turns with orange cones to ensure you go through their DUI checkpoint, according to Guisti.

Orange County DUI attorney Guisti also points out that if you enter a DUI checkpoint and you're caught driving without a license or driving on a suspended license police can cite you and impound your car.

If you or somebody you know are facing a DUI charge call the Orange County DUI attorney specialists at the Law Office of Michael L. Guisti right now at 888-478-8999 so we can examine your charge, investigate the arresting police officer's action and ensure justice for you.

Santa Ana, Orange County - Two Fullerton Police officers were charged Wednesday in the beating death Kelly Thomas, a mentally disabled homeless man who frequented downtown Fullerton.

The Orange County District Attorney filed a second-degree murder charge against Fullerton police officer Manuel Ramos, who the DA alleges started the lethal beating of a homeless man with the words: "My fists... are getting ready to 'F' you up."

The DA's office also charged Fullerton police officer Jay Cicinelli with involuntary manslaughter and excessive use of force under the color of authority, alleging he joined the beating and tasered Thomas four times.

Santa Ana criminal attorney Michael L. Guisti explains that second-degree murder is basically willful, but is not deliberate and premeditated, where as first-degree murder is deliberate.

In this case the suspect officer wasn't planning nor intending to kill the victim, but the DA believes the officer's alleged excessive force allegedly led to the death of Thomas, says Guisti.

Now they're two defenses the suspect officer's defense team is probably going take, says Guisti. The first is the police officers were acting in self-defense and that Thomas posed a threat to their safety, and such action was necessary. The second is the death was an accident as a result of the self defense, according to Guisti.

Guisti explains if the police officer's defense attorneys can show Ramos had no criminal intent to do harm, wasn't acting negligently, and was otherwise engaging in lawful activity at the time of the killing, then that will serve as a proper, legal self-defense claim under California law.

If convicted Ramos could face between 15 years-to-life in prison.

If you or somebody you know are facing murder charges it's extraordinarily important you contact our Orange County murder/homicide attorney specialists at the Law Offices of Michael L. Guisti at 888-478-8999. We will review your case and get you the best possible outcome so you can move on with your life.

Laguna Nigel, Orange County - A 44-year-old hockey mother was arrested on suspicion of having unlawful sex and committing lewd acts with two members of her son's youth hockey team, according to the Orange County Sheriff's Department.

The mother was arrested last week at her home on suspicion of having unlawful sex with a minor under 16 and committing lewd acts with a minor under 14, according to the sheriff's department.

Irvine criminal attorney Michael L. Guisti explains these are two very serious charges and given the age difference between the suspect and alleged victims if convicted the mother could face a harsher sentence.

Sex with a minor is cover under California's statutory rape laws, which makes engaging in sexual intercourse with a person under 18 illegal.

Guisti says in this case since the suspect is over 21 and the victim is under 16 the mother in question could be charged with either a misdemeanor or felony in this case.

In statutory rape cases where a suspect and victim are less than three years about it must be charged as a misdemeanor, according to Guisti

A felony conviction for statutory rape can carry up to four years in a state prison, but the mother would not have to register as a lifetime sex offender, says Guisti.

As for lewd acts with a minor Guisti says that is when a person touches a child anywhere on the body, including outside of the clothing, if it's done with the intent of arousing or gratifying the lust, passions or sexual desires of you or the child.

For somebody to be charged with this crime it's very important to note that you don't have to touch the child in a lewd or sexual manner, only that the touch appeals to your lustful desires, according to Guisti.

Guisti explains depending on the age differences between the victim and suspect lewd acts with a child can be charged also either as a misdemeanor or felony.

If convicted of felony lewd acts with a child the suspect face between one to eight years in prison and, unlike a statutory rape conviction, would have to register as a sex offender for life, says Guisti.

Most times the courts are very quick to side with minors when they're allegedly the victim, especially when it concerns sex crimes, and that is why if you're facing similar charges you must call our Orange County sex crimes attorney specialists at the Law Office of Michael L. Guisti at 888-478-8999. Why? So our legal experts fully ensure the court fairly hears your side of the story without any bias from the prosecution.

We'll work to get you the best possible outcome.

Fullerton, Orange County - Before you go out this weekend here is a heads up of two DUI checkpoints we know of in Orange County.

On Friday evening Buena Park Police will conduct a DUI checkpoint at Beach Blvd and Stanton between 7 p.m until 3 a.m.

On Saturday in Westminster a DUI checkpoint will take place between 9 p.m. and 2 a.m. in the area of Westminster Blvd and Edwards Street.

[UPDATE: If you know of any other DUI checkpoints in Orange, Los Angeles, San Bernardino, Riverside or San Diego Counties please let us know on our Facebook page.]

A question commonly asked to Orange County DUI attorney experts, "If I see a DUI checkpoint can I legally turnaround without being pulled over?"

Fullerton DUI attorney Michael L. Guisti explains if you see a DUI checkpoint ahead you do have the legal right to turn around and not go through it, however, when you turnaround just make sure you're not breaking any traffic laws.

Many times over, Guisti says, somebody approaching a DUI checkpoint will suddenly make a U-turn crossing over the double yellow lines, which gives police the right to pull you over.

Guisti says police can pull you over if they think you're DUI, or if you have some issue with your car like a taillight out expect to be pulled over.

Sometimes, according to Guisti, if you're able to turn around without breaking any traffic laws some police departments will keep squad cars posted along the opposite side of the street and nearby side streets to give the intimidating impression you're going to be pulled over if you turn around and refuse to go through their DUI checkpoint. Other times police will simply block off entries to side streets and even block legal U-turns with orange cones to ensure you go through their DUI checkpoint, according to Guisti.

Orange County DUI attorney Guisti also points out that if you enter a DUI checkpoint and you're caught driving without a license or driving on a suspended license police can cite you and impound your car.

If you or somebody you know are facing a DUI charge call the Orange County DUI attorney specialists at the Law Office of Michael L. Guisti right now at 888-478-8999 so we can examine your charge, investigate the arresting police officer's action and ensure justice for you.

Irvine, Orange County - With many people unable to pay their mortgage they've been evicted from their homes, however more people are becoming defiant and choosing to stay in their home after an eviction notice has been served, which has resulted in many people being cited for trespassing.

A year ago in Newport Beach a family stayed in an exclusive home in Corona Del Mar for several months after being ordered to leave, which resulted in the family receiving multiple citations for trespassing.

There have been other cases where when a family is ordered to leave they destroy much of the property as possible, which often results in a vandalism charge. Earlier this year in Huntington Beach an evicted homeowner caused thousands of dollars in damage to an exclusive home in Huntington Harbor.

Irvine criminal attorney Michael L. Guisti explains under California law trespassing under Penal Code 602 is when somebody enters someone property with the intent to damage that property, or with the intent to interfere with the business conducted thereon on the property, or entering and "occupying" property without permission, or refusing to leave after you've been asked to do so.

Most typical trespassing crimes are usually charged either as an infraction or misdemeanor, but the owners of these homes, such as mortgage companies, banks and other property owners, are trying to press felony trespassing charges claiming the former tenets have interfered with business on the property and damaged the property, according to Guisti.

If convicted of trespassing you face up to a year in Orange County jail and up to a $1,000.

Guisti explains vandalism is actually a little more serious of a charge.

Vandalism is when you "defaced with graffiti or other inscribed material", damaged, or destroyed another person's property and you did so maliciously, according to Guisti.

Now the threshold of if you're going to be charged with misdemeanor or felony vandalism depends if the damaged was under or over $400, according to Guisti.

Since many people have done extensive damage to the property most people face felony vandalism charges, which include fines between $10,000 and $50,000, between one to three years in a state prison and probation.

If you or somebody you know are facing trespassing or vandalism charges call the Orange County criminal attorney specialists at the Law Office of Michael L. Guisti right now at 888-478-8999.

We under you're going through some tough times right now, but by calling us we'll make this bump in your life a little more easier to deal with.

Irvine, Orange County - We are please to announce our new Facebook page.

Please take a moment a "Like" us on Facebook as we prepare special deals for you.

Our new Facebook page will include easier access to our Orange County criminal attorneys who will be nearby to answer any question you may have.

If you have any further questions always feel free to call the Orange County criminal attorney specialists at the Law Offices of Michael L. Guisti at 888-478-8999.

San Diego - The so-called "Gumby robber" in San Diego may have been playing a practical joke when the suspect, identified as Jason Kiss, went into a 7-Eleven in San Diego dressed as Gumby and said he was robbing the store, according to media reports.

The 7-Eleven clerk thought it was a joke at first, but when Kiss said he had a gun he took the threat seriously, according to police.

Kiss reportedly walked away only with some change and no gun was ever seen by the clerk or recovered by police, and the case is now in the hands of the San Diego District Attorney.

Kiss has not been arrested.

Newport Beach criminal attorney Michael L. Guisti says jokes cross the line from being funny to potentially criminal when you threaten somebody's life and that threat is made clearly.

As to the case of armed robbery, Guisti says it's unclear if the change "Gumby" alleged took came from the clerk handing it over from the register, or if maybe Kiss took it from the "Leave a Penny, Take a Penny" plate. If the suspect ordered the clerk to hand over money from the register under threat that is robbery, according to Guisti.

If this was a prank it's very likely this suspect will face charges of making criminal threats, says Guisti.

Guisti explains that criminal threats is when immediate harm is made to another person and causes fear in the person threatened and that fear was reasonable. Saying you have a gun, regardless if you actually had a gun, with the implications that you'll use it if your demands aren't met is usually enough to warrant this charge, according to Guisti.

Guisti says if charged with making criminal threats "Gumby" could face a year in jail and possibly thousands of dollars in fines.

If you're facing criminal threat charges from maybe saying or doing something perhaps taken out of context, or from a domestic violence situation, call the Orange County criminal threat attorney specialists at the Law Offices of Michael L. Guisti today at 888-478-8999 so we can work to get you the best possible outcome.

Laguna Hills, Orange County - A Laguna Hills priest was arrested last weekend for allegedly committing lewd acts with a minor, which the victim is reportedly the son of a member of the Priest's church, according to court documents.

The reports says the alleged victim was younger than 14 years old and told investigators that he was abused during a sleepover at the house of Priest Oscar Perez, a bishop of the Old Catholic Church in Laguna Hills.

Irvine criminal attorney Michael L. Guisti says lewd acts with a minor is a very serious charge that can land you many years behind state prison bars and have to register as a sex offender for life if convicted.

It is important to understand lewd acts with a minor is a very broadly defined crime as to be accused of this crime simply touching a child on the shoulder above clothing and allegedly becoming aroused is enough to be charged with this crime, according to Guisti.

Guisti says to be charged with this crime prosecutors must show that you willfully touched any part of a child's body, made them touch your body or another' person's body or made the child touch themselves with the intent of arousing the sexual desires of you or the child.

If the "touch" was accidental and/or you didn't have and never had criminal intent, that is to say you never had the intention to sexually arouse or gratify yourself or the minor, then you're not guilty of this crime, according to Guisti.

Child molestation is a very serious charge that can not only send you to prison, but can ruin your reputation, and if you're being accused of this crime you must contact the child molestation defense attorneys at the Law Offices of Michael L. Guisti right away at 888-478-8999 so we can defend you and restore your reputation.

Irvine, Orange County - An Irvine man was arrested last week after authorities allegedly found child pornography on his hard drive, according to a press release.

Authorities say the suspect had "a handful" of pornographic images depicting children "in sexual positions."

Irvine criminal attorney Michael L. Guisti explains they're several potential charges one can face in connection to child pornography and anytime somebody is under arrest for possession of child porn and it is always best to never speak to investigators without an attorney as simply talking to police can get you into a lot more trouble.

Guisti says in child pornography investigators always want to know, aside from simply possessing the suspect images, what you were planning on doing with the images and how you came into possession of them.

The suspect may simply have had the images on his computer, according to Guisti, and it's certainly possible when the suspect was doing his daily business online some type of virus hit his computer putting those images on there.

Now even assuming the suspect inadvertently came into possession of such images if he sent them to friends he could face felony charges of distributing child pornography and if he went so far as to charge to look at the suspect images he could face charges of child porn sales, and in addition he could face charges of sexual exploitation of child, according to Guisti.

Basically, Guisti says, if you tell investigators something seemingly in passing like, "Oh, I did send it to a few friends just so they could see," you can now find yourself facing not only possession of child pornography charges, but child porn distribution.

Irvine criminal lawyer Guisti says if you're accused of this possessing child pornography, but you didn't knowingly and intentionally view or otherwise engaging in an activity dealing with child porn and if such illegal content was sent to your computer without your permission or knowledge you cannot be found guilty of possessing child pornography.

Child pornography is an extraordinarily serious charge where you could be facing one or several serious charges that can send you to jail, state prison or even a federal prison for many years along with having to register as a sex offender for life if convicted, and that is why it's very important to contact the Law Offices of Michael L. Guisti at 888-478-8999 if you or somebody you know are facing these charges.

With over a decade of experience in the Orange County courts the legal experts at the Law Office of Michael L. Guisti can work to get your charges reduced, get the jury to find you "not guilty," or have your charges outright dismissed.

Westminster, Orange County - If you're going out to a bar, club or party be advised of at least two DUI checkpoints planned for the weekend ahead in Orange County.

On Saturday Westminster Police will have a DUI checkpoint at Westminster Boulevard and Magnolia Street from 8 p.m. Saturday to 2 a.m. Sunday.

On Monday Costa Mesa Police will have a DUI checkpoint at an undisclosed location between 6 p.m. and 12 midnight.

[If you know of any other DUI checkpoints in Orange, Los Angeles, San Bernardino, Riverside or San Diego Counties please let us know on our Facebook page.]

A question commonly asked to legal experts, if you see a DUI checkpoint ahead do you have the legal right to turnaround?

Orange County DUI lawyer Michael L. Guisti explains if you see a DUI checkpoint ahead you do have the legal right to turn around and not go through it, however, when you turnaround just make sure you're not breaking any traffic laws.

Many times over, Guisti says, somebody approaching a DUI checkpoint will suddenly make a U-turn crossing over the double yellow lines, which gives police the right to pull you over.

Guisti says police can pull you over if they think you're DUI, or if you have some issue with your car like a taillight out expect to be pulled over.

Sometimes, according to Guisti, if you're able to turn around without breaking any traffic laws some police departments will keep squad cars posted along the opposite side of the street and nearby side streets to give the intimidating impression you're going to be pulled over if you turn around and refuse to go through their DUI checkpoint. Other times police will simply block off entries to side streets and even block legal U-turns with orange cones to ensure you go through their DUI checkpoint, according to Guisti.

Orange County DUI attorney Guisti also points out that if you enter a DUI checkpoint and you're caught driving without a license or driving on a suspended license police can cite you and impound your car.

If you or somebody you know are facing a DUI charge call the Orange County DUI attorney specialists at the Law Office of Michael L. Guisti right now at 888-478-8999 so we can examine your charge, investigate the arresting police officer's action and ensure justice for you.

Los Angeles - A vehicle used in the reality television show "Bait Car" was stolen earlier this week in Los Angeles.

The Tru TV program depicts law enforcement stings that catch people stealing cars. Once people steal the car a computer system shuts down the car and locks the doors preventing the suspects from escaping until police arrive and arrest the suspects.

The computer system used to shut down this particular car failed and the suspects were able to get away, but were caught a short time later, according to police.

Newport Beach criminal attorney Michael L. Guisti explains what these suspects said to police, or what was even caught on tape, could make all the difference in the severity of their auto theft charge.

They're actually two types of auto theft charges, the first is what is commonly known as "joyriding," and the second is grand theft auto, according to Guisti.

"Joyriding," under California Vehicle Code 10851, is when you temporarily deprive the owner of their car, and this is common in cases where somebody takes a car, drives it around a little bit and abandons the car, or in some cases returns the car back where they found it, according to Guisti. Guisti notes that if you do return the car back to where you stole it, such as from a home, you'll still likely face this charge even if you had a change of heart and returned it with good intentions.

Grand theft auto under Penal Code 487(d) is when a suspect permanently deprives the owner of their car and this is basically where you intended to keep the car, according to Guisti.

Unlike cases of petty theft and grand theft that depend on the value of the items stolen with grand theft auto it doesn't matter how much the vehicle is worth as it's still the same charge, according to Guisti.

Newport Beach criminal defense lawyer Guisti points out that auto burglary is a separate crime and it is only concerned with breaking into a vehicle and for you to be charged with this crime you must have altered the locks or trunk of a vehicle. Guisti stresses that if you entered a vehicle and its doors were unlocked you cannot be charged with the crime of auto burglary.

Grand theft auto and "joyriding" are "wobblers," which means they can be charged either as a misdemeanor or felony, but Guisti says the rule of thumb is grand theft auto is usually charged as a felony while "joyriding" is usually charged as a misdemeanor.

If you're facing theft charges you need to contact the professional Orange County theft crimes lawyers at the Law Offices of Michael L. Guisti right now at 888-478-8999 and we'll see to it if you were charged with the right crime and get you the best possible outcome.

Ladera Ranch, Orange County - On Tuesday at the height of a very hot afternoon police responded to a call of three children locked inside a black SUV, according to a report.

When police arrived they found the children in the locked SUV, which didn't have any windows rolled down, according to police.

A woman who is reported to be the mother was taken in for questioning, but it's unclear if she'll face any charges at this time as police are still investigating.

Irvine criminal attorney Michael L. Guisti explains if the mother is charged she'll likely face child endangerment charges under Penal Code 273a.

The crime of child endangerment is basically when a person who is in charge of looking over the child's well-being, like a parent, babysitter or teacher, inflicts unjustifiable physical pain or mental suffering, or allows the child to be in a situation where their health may be endangered, according to Guisti.

As well it's not uncommon for somebody accused of a domestic violence crime to also be charged with child endangerment as police could allege during the domestic violence situation a child endured mental suffering, according to Guisti.

Irvine criminal defense attorney Guisti explains this report taken at face value of a mother locking her three children inside a car on a very hot day will probably meet the qualification of child endangerment, however, Guisti goes on to say, there could be more to this story than what is reported, which is where a defense attorney comes into play.

Guisti says while this may seem like an alarming story we're hearing only one side of the story and it's certainly possible the air conditioning was left on in the car and that is maybe why all the windows were rolled up. It's also possible if somebody with good intentions did try to open the doors the children locked them not wanting to open a door to a stranger and that is why it's possible this was reported as children being held up in a locked up car, according Guisti.

Guisti says child endangerment is a very serious charge and even though the mother hasn't been formally been charged yet she should meet with an expert lawyer who can quickly present her side of the story to the Orange County District Attorney's office before charges are formally filed.

Child endangerment is a "wobbler," meaning it can be charged either as a misdemeanor or felony, and if convicted the mother could face possible prison time and an order to stay away from her children, according to Guisti.

If you're facing child endangerment charges it's very important to contact the experienced Irvine child abuse lawyers at the Law Offices of Michael L. Guisti at 949-390-9898 right away so our expert Irvine criminal defense attorney can work to keep you out of jail and get your children back.

City of Orange, Orange County - On Saturday evening a fight among seven people broke out inside a SUV that was pulled over on the 55 Freeway at Lincoln Avenue in the city of Orange, according to Orange Police.

When it was all over two people had to be taken to the hospital after being stabbed, according to police.

Police say it's unclear what started the fight and are still investigating.

Santa Ana criminal attorney Michael L. Guisti says it's very likely the suspect or suspects who allegedly stabbed the victims will likely face an assault with a deadly weapon charge.

Many people who find themselves under arrest for something like domestic violence or maybe a fight at a bar are often surprised when they're charged with assault with a deadly weapon, according to Guisti, because in the course of the crime somebody may have threatened to harm somebody with an object.

A lot of people think assault with a deadly weapon must involve a gun or knife, but any object used in a threatening matter that can result in injury qualifies as a deadly weapon, according to Guisti.

Guisti says using a gun in this case brings on separate charges.

Santa Ana criminal defense lawyer Guisti says it's very important to understand for you to be charged with this crime you don't actually have to assault somebody with a deadly weapon, only that you had the ability to, which is why this is a common charge in domestic violence cases and fights.

In addition to this crime it's possible to you can also face criminal threat charges, according to Guisti.

Assault with a deadly weapon is a "wobbler," which means it can be charged either as a misdemeanor or felony, according to Guisti.

Being convicted of assault with a deadly weapon can land you behind state prison bars for many years, which is why if you're facing this charge you must call the Law Offices of Michael L. Guisti right away at 714-530-9690 so we can get you the best possible outcome and you can go on with your life.

Huntington Beach, Orange County - Police are seeking the owner of a vehicle damaged in a Huntington Beach hit and run accident after the suspect allegedly left the scene, according to police.

Police were flagged down by two people on Tuesday who gave a description of the suspect vehicle, who allegedly hit a parked car, and within minutes were able to track down the car parked in a nearby neighborhood that police claimed had fresh body damage, according to a report.

The person's car who was allegedly hit was not injured, according to police.

Huntington Beach criminal attorney Michael L. Guisti explains since nobody was injured in this traffic collision this means it will only be charged as a misdemeanor hit and run.

Misdemeanor hit and run is when you hit either a vehicle or other property and leave the scene without giving your information, where as felony hit and run is when, and only when, somebody is injured or killed, according to Guisti.

Guisti says it's certainly possible in this case, given they're limited details, that only the alleged suspect's car had damage, and if that is the case the alleged suspect didn't have to give information.

California law says if only your car was damage and the other person's car or property wasn't damage you don't have to leave your information.

Huntington Beach criminal defense lawyer Guisti explains in many misdemeanor hit and run situations the driver of the other car will say everything is okay and the car had no damage, but later change their story, generally for insurance purposes. Also, if you hit somebody's property, but left no damage you're not guilty of this crime, but many times a person passing by or neighbor who think they're doing the right thing will get the car's information, tell the person who's property was hit and suddenly the driver find him/herself under arrest for misdemeanor hit and run, according to Guisti.

If you're facing either misdemeanor or felony hit and run charges call the Law Offices of Michael L. Guisti at 714-530-9690 and we'll help you avoid jail and having a bad driving record.