Orange County Criminal Lawyer Blog

Los Angeles - Captain Jack Sparrow, Catwoman and a space alien got into a brawl this past week in Hollywood, which left Captain Jack with minor injuries that could result in assault and battery charges.

That is according to the Los Angeles Police Department who say the costumed characters of Hollywood Boulevard who hustle tourists for photographs got into some kind of scuffle in front of the Kodak Theater.

The fight ended with the Captain made famous by Johnny Depp in "Pirates of the Caribbean" being pepper-sprayed by Catwoman, according to the L.A.P.D.

No arrests have been made and the L.A.P.D. is still investigating what the whole fight was about.

These faux superstars of Hollywood may face charges of assault and battery once the L.A.P.D.'s investigation is complete, says Santa Ana criminal attorney Michael L. Guisti.

While for most tourists the characters of Hollywood Boulevard adds on to the kitsch value of Hollywood, but for the city of L.A. these people playing dress-up and asking for photographs have been a thorn in the city's side, which is why if police find wrongdoing they'll likely face such charges, explains Guisti.

The crime of assault is, defined under Penal Code 240, as, "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another," or simply means you didn't physically touch somebody, but you had the ability to carry out the assault, explains Guisti.

Now the crime of battery is when you make physical contact with somebody and it was done in a harmful matter, says Guisti.

Police are still sorting out the details, but with a few people involved in the fight it's possible somebody was trying to stop the fight, otherwise using Mutual Combat, says Guisti.

Mutual combat is a defense when the person who started the fight tries in good faith to stop the fight, made that intention clear and gives the other person the chance to stop fighting, explains Guisti.

In June 2010 the L.A.P.D. aggressively stepped up enforcement on the characters by citing and arresting the masked men and women for charges ranging from panhandling, loitering and harassment, but in November 2010 a federal court judge issued an injunction against Los Angeles Police from harassing and arresting people who dress up like famous people along Hollywood Boulevard on grounds it violated their protected speech.

If you were involved in a fight it's very important you contact our Orange County assault and battery attorney experts at the Law Offices of Michael L. Guisti so we can keep you out of jail.

For over a decade our expert defense attorneys have won cases for our clients accused of assault and battery in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Santa Ana, Orange County - A domestic violence call this past weekend in Santa Ana lead to the arrest of a woman for domestic battery, according to Santa Ana Police.

Police say a dispute over finances broke out between the boyfriend and girlfriend who live together near downtown Santa Ana, and after some words were said the girlfriend allegedly threw kitchen dishes at her boyfriend.

Now throwing dishes may not seem like much, but, as Santa Ana criminal attorney Michael L. Guisti explains, any sort of contact that is unwanted by an "intimate partner" warrants domestic battery charges.

Now domestic battery is the lesser domestic violence misdemeanor charge, however if it's revealed that the victim suffered visible injuries the suspect can face serious felony domestic violence charges like, aggravated battery or intentional infliction of corporal injury on a spouse, says Guisti.

They've been cases where the suspect is charged with a misdemeanor domestic violence, but injury shows up a couple days later or the victim later claims serious injury, which is why anytime you're facing a domestic violence charge you need to retain an attorney right away, explains Guisti.

The punishment for domestic battery is typically up to a year in county jail, having a restraining order, like a Domestic Violence Restraining Order (DVRO), placed against, having to pay up to $2,000 in fine, and other possible fines, says Guisti.

All alleged domestic violence incidents are taken very serious by law enforcement and the district attorney, and so even if in the heat of the moment if you threw some seemingly innocent item at your "partner" it can start a major legal problem, which is why you need a domestic violence attorney right away, explains Guisti.

If you've recently been arrested for domestic violence you need to call our Orange County domestic violence attorney specialists right now at the Law Offices of Michael L. Guisti.

Our law firm has over a decade of successfully winning domestic violence cases for our clients in the courts of Orange County and Southern California, so please, call us now.

San Clemente, Orange County - Three men have been arrested for attempted murder following a fight in San Clemente last Friday.

Witnesses says they saw up to 12 people fighting in a parking lot, and the Orange County Sheriff's Department says it's unclear what started the fight.

One teenager was taken to the hospital after being hit in the head with a brick, according to sheriff investigators.

That victim's father lives nearby and was awakened when he heard his son being beaten, which he went outside and intervened throwing the suspects off his son and taking his son back to his house, according to sheriff detectives.

For there to be attempted murder charges there has to be two elements, that the suspects took at least one "direct step" towards killing another person, and that they intended to kill that person, explains Irvine criminal attorney Michael L. Guisti.

In this case the direct step would likely be using the brick to kill the suspect, but the victim's father stepped in preventing his son from being killed, says Guisti.

Now the second element of attempted murder is the intent to kill, which can be difficult to prove, according to Guisti.

Chances are somebody in this large group told detectives that there was a plan or intent to kill this victim, which is likely why the three suspects are being charged with attempted murder and not assault and battery, says Guisti.

One of the things detectives, prosecutors and criminal defense attorneys look at is where on the body the victim was attacked with the weapon, and if the victim was attacked in a non-vital area of the body it can be argued the suspect was only intending to injure the victim, explains Guisti.

As well this is one of these crimes where what you say to detectives could be constructed as attempted murder even if that wasn't the case at all, which is why it's always best to invoke your right to remain silent until your defense attorney is present, says Guisti.

As one would expect attempted murder is a very serious felony charge and if convicted the suspects could face life in prison, says Guisti.

If you're facing attempted murder charges you need to call the Orange County murder attorney experts right now at the Law Offices of Michael L. Guisti.

This is a charge that could send you to prison for the rest of your life, but our Orange County criminal attorney experts have over a decade of experience successfully reducing and even dismissing charges of attempted murder in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Your life is on the line, so please, call us now.

Mission Viejo, Orange County - A handyman contacted authorities in Mission Viejo on Sunday after a women allegedly attacked him, and now the woman is under arrest for battery.

According to Orange County Sheriff's investigators the handyman did work around the woman's Mission Viejo home, but the woman wasn't too happy with the handyman's work and alleged committed battery on the man.

A lot of people think assault and battery are the same crime, but they're very separate crimes, explains Irvine criminal attorney Michael L. Guisti explains.

Assault is when you make an attempt to injure another person, but don't make physical contact, and battery is when you make actual physical contact with another person with the intention of causing harm, Guisti explains.

In assault cases it's not that unusual for criminal threat charges to be filed, and assault and battery charges are also common in domestic violence cases, says Guisti.

In assault charges you must of had the ability and intent to carry out a physical attack, and if you didn't then you shouldn't be charged with assault or making criminal threats for that matter, says Guisti.

It's very important to understand that we're only hearing one side of this story with the handyman in Mission Viejo, says Guisti, and the suspect's side of the story could be something different, like possibly the victim did something to antagonize her.

A big part of criminal defense is making sure the suspect has their side of story fairly heard in court, explains Guisti, because, regrettably, law enforcement and prosecutors make snap judgments about suspects.

If you've recently been arrested for assault and battery you must call our Orange County assault and battery attorney experts right away at the Law Offices of Michael L. Guisti.

The Law Offices of Michael L. Guisti have over a decade of experience successfully winning cases for our clients accused of assault and battery in the courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

Our goal is to WIN your case, because we settle for nothing less, so please call us.

Anaheim, Orange County - An Anaheim man is under arrest for murder following a domestic violence situation on Christmas, according to Anaheim Police.

Police responded to a call of "loud yelling" around 9:30 a.m. on Sunday, Christmas morning, and discovered the victim was having medical problems and called for paramedics, and the victim was later pronounced dead due to injuries as a result of her husband's domestic violence, according to police investigators.

Police believe this is not the first time the victim has been involved in a physical domestic violence situation with her husband.

Holidays are a very stressful time for the families and regrettably this time of year, in what should be a very joyful time for families, there is a major rise in domestic violence, says Santa Ana criminal attorney Michael L. Guisti.

Now unfortunately the case here in Anaheim is an extreme case that sounds like problems have been ongoing for awhile, but in many domestic violence situations this time of year sometimes the pressure of the holiday can cause some people you wouldn't expect to snap, and suddenly a whole new problem begins, explains Guisti.

It's very important to understand if you were arrested for domestic violence it's very possible they're several different domestic violence charges you could face, such as corporal injury on a spouse, criminal threats, assault, battery and even having to deal with a restraining order, says Guisti

What can be most devastating of all is having to face jail or even prison time.

Domestic violence is taken very seriously by the courts and it's always important to have an attorney who can not only work to reduce charges, but work to get you and your family much needed help to help heal and move on from this incident and build better family bonds, explains Guisti.

A very important point, perhaps if you and your significant other have "made up," and the victim doesn't wish to press charges, the courts in domestic violence situations are very persistent in pushing ahead with charges regardless, and that is why you need to retain an attorney, says Guisti.

Many domestic violence cases aren't as cut-and-dry as they may seem and each incident has two sides to the story, and the Orange County domestic violence attorney experts at the Law Offices of Michael L. Guisti will see to it your side of the story is fairly heard.

Our law office has over a decade of experience dealing with even the most difficult of domestic violence cases in the courts of Southern California.

Our goal is to always win our cases for our clients, which is why you need to call us right now at 888-478-8999 so we can help you get back on with your life.

Los Angeles - This past week the Los Angeles Police Department performed a massive raid evicting the Occupy L.A. encampment in front of L.A. City Hall.

The raid with off without any major incident, however there were a handful of arrests made.

One protester was arrested for allegedly spitting in a police officer's face and is now facing charges of assault and battery, according to media reports.

Irvine criminal attorney Michael L. Guisti explains that it's lucky the protester in question didn't receive additional charges like assault of a police officer or making criminal threats, but the assault and battery charges are serious enough.

It's very important to understand if you're being charged with assault and battery you need to know those are two separate crimes, which means two separate charges, says Guisti.

Assault is when you don't make physical contact towards another person, but you had the ability and there was the intent, where as battery is when you made actually physical contact, according to Guisti.

It's very important to understand to be charged with battery it doesn't matter if you barely tapped the person, only that you touched the person in a harmful matter, says Guisti.

Of course what could be considered a harmful matter is always up for debate and never always clear, which is where a criminal defense attorney comes in, says Guisti.

In this case the suspect could have been allegedly threatening to harm the officer, which invited the assault charge, and allegedly spitting on the officer brought on the battery charge, says Guisti.

In a lot of domestic violence situations the suspect is often charged with assault, battery and making criminal threats, says Guisti.

Assault is a misdemeanor and an experienced attorney can work to possibly get that charge dismissed, according to Guisti.

Battery can be charged either as a misdemeanor or felony and in this case spitting shouldn't warrant a felony charge, which is why this person should have an expert lawyer who can get the charge reduce, says Guisti.

Assault and battery are serious charges, and if you've been arrested for this crime you need to contact the Orange County assault and battery attorney experts right away at the Law Offices of Michael L. Guisti at 888-478-8999.

Whether these charges are the result of a domestic violence situation, a fight at a club or bar,or just some incident, you must call us, because our attorneys have over a decade of experience successfully winning cases for our clients, and we want to take your case.

Laguna Niguel, Orange County - A custody dispute in Laguna Niguel between a man and woman ended with the man being arrested and charged with assault, battery, assault with a deadly weapon, child abuse and child endangerment, according to the Orange County Sheriffs'.

It is believed during the dispute the man had a knife, according to authorities.

Irvine criminal attorney Michael L. Guisti says they're a lot of major domestic violence issues here with very serious charges and the first thing the suspect needs to do is contact a professional Orange County domestic violence defense attorney who can work with the district attorney to reduce or dismiss these charges, or possibly work out a plea deal.

This could be a case where law enforcement is overcharging the suspect, which isn't all that unusual in case domestic violence cases, says Guisti.

Now assault and battery are two different charges, where assault is you didn't make physical contact with another person however you had the present ability to commit a violent injury on another person, and battery is when you actually make physical contact with somebody, say Guisti.

It's very important to note that battery charges can be brought up if you just tap somebody as long as it was done in a harmful matter, according to Guisti.

In domestic violence situations just putting your hand on the other person even if it wasn't done in a harmful matter can warrant battery charges, says Guisti.

Assault with a deadly weapon, commonly known as ADW, is assault upon another person with a deadly weapon or instrument, other than a firearm, or by any means of force likely to produce great bodily injury, says Guisti.

In this case it appears the knife would sustain a charge of ADW, Guisti says.

Under Penal Code (PC) 273d child abuse is the corporal injury or punishment on a child, and while they're other crimes concerning sexual abuse and emotional abuse of children PC 273d deals specifically deals with the physical abuse of a child, according to Guisti.

Since the suspect is being charged with this somebody told sheriff investigators a child was harmed by the suspect, says Guisti.

The crime of child endangerment is separate from child abuse and it's when a suspect inflicts unjustifiable physical pain or mental suffering on a child, or allow the child's health to suffer injury, or causes or allows the child to be in a situation where his/her body or health may be endangered, according to Guisti.

A domestic violence defense attorney will work to reduce charges and even question whether such charges actually happened, because in many domestic violence situations stories are often embellished, according to Guisti.

When you have a "he said, she said" situation it becomes difficult to prove and in this case there is only the report of what one person claimed to have happened, says Guisti.

Each of these charges are "wobblers," meaning they could be charged either as a misdemeanor or felony, and if convicted the suspect could face many years in jail or state prison and have limited contact with his children, says Guisti.

If you're facing such charges it's important to contact our Orange County domestic violence attorney experts right away at the Law Offices of Michael L. Guisti at 888-478-8999.

We have over a decade of experience and successfully winning even the toughest domestic violence cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego, so please give us a call so you can get back on with your life.

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.

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.

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.

Newport Beach, Orange County - An Irvine man was arrested Sunday for child endangerment and resisting arrest after allegedly slapping his seven-year-old special needs son aboard a tour boat and tossing him overboard into the waters of Newport Beach.

The child was reportedly crying following an argument between the father and his wife, the child's reported stepmother, on the boat, according to the Orange County Sheriff's Department.

Sheriff deputies say the suspect repeatedly hit his son before throwing him into the harbor.

Newport Beach criminal attorney Michael L. Guisti says these are two very serious charges and with many witnesses on the boat to the alleged incident this suspect is going to need a very experienced Orange County criminal defense lawyer who could possible work out a deal, or even have the charge of resisting arrest dismissed.

Guisti says if you're ever accused of a serious crime like child abuse or domestic violence it's very important to contact an attorney right away who can review your case and work with the courts to reduce your charges or even possibly dismiss your charges.

Newport Beach criminal lawyer Guisti says the crime of child endangerment is when a person places a child in a dangerous situation, or allows a child to be placed in a dangerous situation without taking steps to protect the child. Guisti stresses that for this charge to arise the child doesn't need to actually need to be physically injured, only that the child was placed in a position where he/she could've been endangered.

Basically child endangerment is when a suspect willfully inflicted unjustifiable physical pain or mental suffering on a child, according to Guisti, and is a "wobbler," which means it could be charged either as a felony or misdemeanor.

If convicted of felony child endangerment you could face up to six years in a California state prison, according to Guisti.

Resisting arrest is when a suspect basically resists, delays, or obstructs a peace officer, or even firefighter and paramedic, in their duties, according to Guisti.

Guisti says this includes refusing to be handcuffed or not complying with an officer's demands to identify yourself or interfering with the work of an officer.

This charge is a misdemeanor, according to Guisti.

If you're facing similar charges you need to contact the Law Offices of Michael L. Guisti right away at 888-478-8999 and let our expert domestic violence attorneys handle your case and get you the best possible outcome.

Santa Ana, Orange County - An Orange County woman has been arrested for attempted murder on suspicion of throwing her 7-month-old son from the fourth floor of a parking structure at Children's Hospital of Orange County, leaving him with major injuries, according to Orange Police.

[UPDATE: Wednesday: The infant has died and the Orange County District Attorney has said charges would be elevated to murder, which carries a possible penalty of 25 years to life in state prison.]

Orange Police report the mother has postpartum depression and was hospitalized in June for such depression.

It's reported that the suspect's criminal record shows no previous reports of child abuse, assault, battery or domestic violence.

Santa Ana criminal defense attorney Michael L. Guisti explains murder is always a very serious case, and given the suspect allegedly is suffering from depression it's possible the suspect could be found incompetent to stand trial.

Guisti explains that for somebody to be found incompetent to stand trial they must lack a rational understanding of the charges against them, an understanding of the proceedings of their trial, or the ability to participate in their own defense.

Santa Ana criminal lawyer Guisti stresses that if this suspect is found incompetent to stand trial it's not a "get out of jail free card," but rather the suspect would likely be sent to a secure state medical or psychiatric facility to receive treatment until she is able to stand trial.

Once the suspect is deemed competent to stand trial the court will proceed with its case, according to Guisti.

Guisti says it's possible the suspect's attorney may try to use the insanity defense.

Now the difference between being found incompetent to stand trial and an insanity plea, according to Guisti, is an insanity plea is when somebody claims they don't know the difference between right and wrong at the time they committed the crime.

Guisti says despite popular belief insanity pleas are actually very hard to come by and if an insanity plea is accepted this too isn't a "get out of jail card," but rather the judge usually sentences the suspect to a secure state medical facility for a period of time, and every few years or so there is a hearing to determine the mental condition of the suspect.

If you're facing charges stemming from a domestic violence case, attempted murder case or an assault with a deadly weapon case please call the Law Offices of Michael L. Guisti at 714-530-9690 so we can review your case.

Huntington Beach, Orange County - Huntington Beach Police have arrested a man accused of allegedly stalking a women and violating a domestic violence restraining order.

Police say they have videotape of Marco Antonio Sanchez, 42, of Huntington Beach breaking the windshield of a car and say this is one of several stalking and domestic violence related incidents allegedly caused by the suspect.

Police placed Sanchez under arrest while in court at the West Justice Center on August 15.

Huntington Beach criminal attorney Michael L. Guisti says California stalking laws are the strictest in the nation and under Penal Code (PC) 646.9 stalking is following or harassing another person and threatening that person with the intent of placing him/her in fear for his/her safety.

Guisti stresses that under our state's stalking laws "harassment" no longer requires that the alleged victim suffer "emotional distress" as a result of the stalking.

Stalking is mostly seen in cases of domestic violence, which is why police are very quick to act on reports of stalking, according to Guisti.

Huntington Beach criminal lawyer Guisti says that most people arrested for stalking usually violated a domestic violence restraining order.

Guisti explains the Domestic Violence Restraining Order, or DVRO, has several explicit directions from the judge designed to prevent a suspect from further causing any domestic violence to the victim by forbidding the suspect to assault, threat, stalk, sexually assault, and basically prevent any sort of contact with the victim, and violating those orders could potentially send you to prison.

Other orders in a DVRO can include limited visitations with your children, according to Guisti.

A DVRO usually lasts up to five years, but can be granted by a judge on a continuing basis, according to Guisti.

Guisti streeses if you've been served a DVRO it's very important you don't violate it, and that you appeal it if you feel it's unfair.

The Law Offices of Michael L. Guisti can help you if you're being accused of a domestic violence crime such as stalking, or if you have a DVRO placed against you that you feel is wrong we can work to appeal it.

Call our Orange County domestic violence specialists now at 714-530-9690 so we can set things straight with your life, and also work on your behalf so you can regain the right to see your children.

San Clemente, Orange County - In San Clemente on Sunday evening a series of fights broke out.

Beginning at 7:30 p.m. Orange County Sheriff deputies responded to a call of a fight of up to 30 people involved. A short time later two other fights were reported with a large number of people involved, and it's unclear if all these fights were connected and what the cause of the fights were.

Irvine criminal defense attorney Michael L. Guisti explains being arrested for a fight they're several potential charges a suspect could face. The most obvious charge, according to Guisti, is battery charges. Under Penal Code (PC) 242 battery takes place when you willfully and unlawfully use force or violence upon another, and it doesn't matter how violent or sight the touch, just as long as you laid your hands on somebody in a harmful matter, according to Guisti.

Irvine assault and battery attorney Guisti explains if the victim suffered great bodily injury the suspects or suspects could face the more severe charge of aggravated battery under PC 243(d), which is when you commit batter and it results in the victim suffering great bodily injury. Now what constitutions such injury can always be debatable and that is why it's important to consult with a criminal defense lawyer who can work with the DA to possibly reduce charges, according to Guisti.

Guisti goes on to say if any weapons were used during any of these fights it's possible a suspect or suspects could face charges under PC 245(a)(1), assault with a deadly weapon, which means you assaulted somebody with a deadly weapon, and that weapon doesn't have to be something like a knife or gun (which would bring on the more serious charge of assault with a firearm) as it can be any "everyday" object that was used as a weapon.

Irvine criminal lawyer Guisti points out other people involved in this fight could face possible simple assault charges under PC 240, which means no physical contact was involved, only that the suspects had the ability to do so, and is a misdemeanor, and depending on the circumstances some suspects could face criminal threat charges.

If you or somebody you know have been involved in a fight, or even domestic violence situation, call our experienced Orange County criminal attorneys now at the Irvine Law Offices of Michael L. Guisti at 949-390-9898 and we'll see to it your side of the story is heard and get you the best possible outcome.

Irvine, Orange County - The California Department of Justice released their report this week, Hate Crime in California 2010, which reports 1,107 hate crimes occurred in 2010 with 60 hate crimes in Orange County.

The report states hate crimes against Latinos increased from 81 incidents in 2009 to 119 in 2010 while hate crimes against Jewish people decreased by 32 incidents, with 128 events reported in 2010, and hate crime against gays and the LGBT community also decreased by 13 incidents, according to the report.

Irvine criminal defense attorney Michael L. Guisti explains if you're being charged with a hate crime you'll face sentencing enhancements if you're convicted in addition to the crime you allegedly committed, and this is why if you're being accused of a hate crime you must contact a professional Orange County criminal lawyer.

Guisti explains under Penal Code 422.55 a hate crime is committed due to one or more of the following actual or perceived characteristics of the alleged victim such as, disability, gender, sexual orientation, nationality, race, religion and/or being associated with a certain group.

Irvine criminal defense attorney Guisti explains your actions generally cross the line from free speech to a perceived hate crime when the speech itself threatens violence against a specific individual or group protected under these laws, and you had the ability to carry out the threat. In a situation like this it's possible to be changed with an assault or criminal threat, in addition to the hate crime.

Guisti explains that you cannot be guilty of a hate crime if, for example, you committed a crime based only one that person's vulnerability rather than because of their race, creed, religion or sexual orientation. For example, if you committed battery on a random man and stole his wallet because the opportunity presented itself, but in the course of the investigation it turns out the man is gay, you cannot be charged with a hate crime against a gay person since you didn't commit a criminal act on this man due to his sexual orientation, according to Guisti.

Guisti says in many vandalism cases the vandals will do what they do and it may turn out the owner of the property or home is part of a group that is commonly targeted in hate crimes and so the district attorney considers bringing charges of hate crimes, even though the alleged vandals never had any intention of vandalizing the said victims property due to his race, religion, orientation and such things protected under hate crimes.

The punishments for hate crimes, according to Guisti, are complex and covered several Penal Code sections that can range from being a misdemeanor to felony and can include an additional year in county jail to life in prison.

If you're being accused of a hate crime it's very important to contact an expert Orange County defense attorney who can review the case and speak with the DA about not bringing these charges, because even if you allegedly committed a crime against somebody of a certain background that doesn't automatically make it a hate crime, according to Guisti.

If you're facing hate crime charges it's very important to contact the Orange County hate crime defense attorney at the Law Offices of Michael L. Guisti at 949-390-9898.