Orange County Criminal Lawyer Blog

Anaheim, Orange County - Authorities are searching for a man wanting for a home-invasion robbery Thursday morning in Anaheim.

The Orange County Sheriff's Department says the homeowner confronted a man who was attempted to steal birds from the homeowner's backyard, and that is when the suspect pulled out a firearm and invaded the man's home.

At one point the suspect put the gun to the man's head and the man pleaded for his life, at which point the suspect took a computer and cell phone, along with the family's dog, according to the sheriffs'.

They're a lot of serious charges here and the suspect could face up to several years in prison, says Santa Ana criminal attorney Michael L. Guisti.

The suspect will likely face charges of burglary, robbery, firearms charges, assault with a deadly weapon and assault, explains Guisti.

Many people think burglary and robbery are of the same charge and same crime, but they're very different crimes with different punishments, and should you ever find yourself involved in a theft crime it's important to know the difference, explains Guisti.

Now robbery under California law, according to Guisti, is when you take property that didn't belong to you from the owner's personal possession or immediate presence against that person's will using some kind of force or threat. Basically, robbery involves taking something directly from a person.

Now burglary is when you enter a structure with the intent to commit a felony or petty theft once inside, says Guisti.

When a person enters another's person's home to rob them it's burglary since there was the intent to commit theft and/or other crime, according to Guisti.

Now since a suspect illegally entered a residence it's assumed that he/she is going to commit a felony, but, Guisti goes on to say, in shoplifting cases police tend to add on the charge of commercial burglary, but it's not always clear-cut if the suspect intended on committing the crime before entering the store.

Many shoplifting cases are on impulse, meaning a suspect enters a store with no intention of shoplifting, but perhaps an opportunity presents itself and the suspect acts on it, but gets caught, explains Guisti.

Now, Guisti goes on to say, police may ask if the suspect thought about doing this before coming to the store today, and the suspect, unaware of these laws, may just answer "yes" even though he/she had no intent to shoplift before entering the store, but by answering "yes" the suspect now invites robbery charges.

If you've been involved in a theft crime it's important to contact our Orange County theft crimes attorney experts at the Law Offices of Michael L. Guisti who can see to it you're not overcharged.

Our expert defense lawyers have over a decade of successful experience winning theft crime cases for our clients in the Orange County courts of Newport Beach, Westminster, Santa Ana and Fullerton.

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.

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.

Garden Grove, Orange County - A Garden Grove police officer was run over with a car during a traffic stop on Wednesday morning and authorities are searching for the suspect who is now wanted for attempted murder.

The suspect was pulled over for not wearing a seat-belt and, according to police, the suspect, 28-year-old Marcos Gonzalez, was acting nervous, so the police officer asked him to step out of the car.

Gonzalez stepped out of the car, but for no apparent reason he got back into the car, started it up and put the car in reverse knocking the police officer down with the car door, and then running over him, according to police.

The officer is in moderate condition at a local hospital.

Westminster criminal attorney Michael L. Guisti explains that attempted murder is a very serious charge that could send the suspect to prison for the rest of his life.

The Orange County prosecution must prove two things in this case, that the suspect took at least one direct step towards killing another person, and that he intended to kill that person, according to Guisti.

For prosecutors it's usually easy to prove the first step of directly killing somebody, but, Guisti says, proving the second element is always a bit tricky, because in many attempted murder cases perhaps the suspect was looking to only injury the person.

Basically, Guisti says, if you didn't intend to kill the person then there is no attempted murder case.

In this case the prosecution is going to need to prove the suspect intended to kill the Garden Grove police officer, says Guisti.

While allegedly running over a police officer would seem like attempted murder, an experienced Orange County criminal defense attorney could show the judge the intent of the suspect was to only assault the officer, which, while still a very serious charge, is a lessor serious charge.

If you or somebody you know is being accused of attempted murder you must contact our Orange County homicide attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

Claiming you performed attempted murder and proving you actually did perform attempted murder are two very different things, which is why you must contact our professional lawyers right away.

Laguna Beach, Orange County - A 46 year old law student was arrested last weekend on two felony counts of domestic violence and assault with a deadly weapon, two misdemeanor counts of cruelty to animals and violation of a restraining order.

Irvine criminal attorney Michael L. Guisti explains they're a lot of issues at hand here one of which is assault with a deadly weapon, commonly known as ADW.

Guisti explains under Penal Code (PC) 245(a)(1) ADW is, "Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury."

For the Orange County District Attorney to decide whether or not to file ADW charges their office will look at, the type of weapon or object used to commit the alleged ADW, if the person you allegedly assaulted sustained any injury and if so the severity of the injury, and the DA will also consider the victim, if it was your spouse, boy/girlfriend, etc, according to Guisti.

ADW is a "wobbler," which means it could be charged either as a misdemeanor of felony.

As to violating the restraining order, Guisti goes on to say, this is very serious and as to the punishment it depends on the type of restraining order, if it was an emergency protective order or Domestic Violence Protective Order (DVRO).

It's important to note that if you have a DVRO against you federal law prevents you from owning firearms, says Guisti.

If you have a DVRO or emergency protective order against you a professional Southern California domestic violence attorney can help remove it and have the court hear your side of the story, say Guisti.

When it comes to restraining orders, Guisti stresses, it's always very important to obey them until the court says otherwise, because you could create major problems if you disobey the order.

If you've been arrested for domestic violence contact our Orange County domestic violence attorney specialists at the Law Offices of Michael L. Guisti at 888-478-8999 and we'll work on your behalf to get you the best possible outcome so you can go on with your life.

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.

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.

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.

Los Angeles - In the last week a major break came in the brutal Dodger Stadium beating case when two suspects from the Inland Empire were arrested for allegedly attacking Brain Stow on opening day. Just as two new suspects were arrested the Los Angeles Police Department exonerated Giovanni Ramirez, who was the original suspect in the beating.

Louis Sanchez, 29, and Marvin Norwood, 30, both of Rialto, are facing charges of mayhem, assault by means likely to produce great bodily injury and battery with serious bodily injury, which are all felonies.

Irvine criminal defense attorney Michael L. Guisti explains these are very serious charges these suspects are facing that, if convicted, could land them in prison for many years. Guisti goes on to say in most cases a professional defense attorney can usually work out a deal with the district attorney that reduces and even sometimes eliminates any prison time, but since this is a very high-profile case it's likely any favorable deals would be on the table.

As for the crimes themselves Guisti explains mayhem under Penal Code (PC) 203 focuses on the nature of the victim's injury, rather than what type of force was used to commit the injury. More to the point, according to Guisti, PC 203 says, "every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless," and being put in a coma as Stow was would qualify as mayhem.

Irvine criminal defense lawyer Guisti explains that assault by means likely to produce great bodily injury under PC 245(a)(1) is 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.

Guisti points out that simple assault under PC 240 doesn't have to involve any physical contact, only that you had the ability to do so, and is a misdemeanor.

Battery with serious injury is under PC 243(d) is when you willfully use force upon another to cause serious bodily injury, according to Guisti.

Irvine attorney Guisti says if you're being accused of any these crimes you must contact a professional Southern California attorney right away. As the high-profile arrest of Giovanni Ramirez shows, just because you're being accused of the crime doesn't automatically make you guilty, according to Guisti.

If you're facing assault, battery and/or mayhem charges call the Irvine Law Offices of Michael L. Guisti right now at 949-390-9898 so we can review your case and keep you out of jail.

Huntington Beach, Orange County - A Huntington Beach man is under arrest for assault with a deadly weapon following an apparent fight at a downtown Huntington Beach bar that left another man injured with a severe face laceration Monday morning, according to Huntington Beach Police.

Police say the victim was severely cut in the face with broken glass and the suspect apparently cut himself with the glass, which led investigators to later track down the suspect at an area hospital where he was being treated.

Huntington Beach assault defense attorney Michael L. Guisti explains that assault with a deadly weapon, or ADW, is a violation of PC 245(a)(1) where you assaulted somebody and the assault was committed with a deadly weapon likely to cause great bodily injury.

Attorney Guisti explains a deadly weapon can be the obvious like a knife or gun (in which case you'll probably face assault with a firearm charges), but a deadly weapon can be an everyday object that has the ability to cause substantial harm to another person if used in a threatening matter. In this case it sounds like a glass cup from the bar was broken and allegedly used in a harmful matter, according to Guisti.

Huntington Beach criminal lawyer Guisti points out if you use such an object in a harmful or threatening way even if you didn't make any physical contact with the person you can still face ADW charges.

Attorney Guisti says ADW is a "wobbler" and can be charged either as a misdemeanor or felony, and being convicted on a felony can result in being sentenced to a California State Prison.

If you or somebody you know are facing assault with a deadly weapon charge you must call the Law Offices of Michael L. Guisti right away at 888-478-8999 so we can go over your case and make sure your side of the story is properly told and justice is served to you.

Fullerton, Orange County - ​Monday night, an unnamed man in his 40s was fatally shot and killed near an Anaheim park. Police officers fear that this incident was the product of gang violence even though the man that was killed was not a gang member. Police are continuing the investigation to determine the parties involved as well as the purpose behind the shooting.

​According to Fullerton Criminal Attorney Michael Guisti that there can be a multitude of different scenarios on how the shooting took place, some yielding different legal consequences than others. If the act was in fact an intentional killing where the parties intended to carry out the crime that would result in a death, they could be charged with murder. However, even if the parties intended to cause grievous bodily harm, committed the act recklessly with a complete disregard for human life, or while committing a felony, this would also result in a murder charge against the parties under the common law.

The Fullerton felony defense lawyer explains that under California criminal law, a murder charge can be of the first degree or the second degree. First-degree murder results when there is an unlawful killing of a human being where the elements of premeditation and deliberation are present.

This means that the party committing the act had time to think beforehand and evaluated the situation before acting. A second-degree murder charge results in all other types of murder.

​The Fullerton Murder Defense Attorney further explains that In the event that a murder charge results, a variety of defense may also apply depending on the facts of the case. This is a main advantage of consulting legal counsel when charged with a crime whether one believes that they are guilty or innocent.

If you or your family have been arrested or charged with murder, assault with deadly weapon, battery, homicide, or any serious violent crimes, it is imperative to consult with the experienced legal counsel immediately. Our criminal attorneys at Law Offices of Michael Guisti have successfully represented clients in Fullerton, Santa Ana, Irvine, Westminster, Newport Beach, and cities in Orange County, Los Angeles, San Bernardino and Riverside. Please call us at 888-478-8999 to get a free consultation today.

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.

Laguna Hills, Orange County - The man accused of shooting a BB gun at an Orange County Sheriff's Deputy who was trying to evict the suspect from a Laguna Hills town home pleaded not guilty in a Santa Ana courtroom Monday.

Randal Rose, 46, pleading not guilty to felony battery on a police officer and is currently being held at Men's Central Jail in lieu of $100,000 bail.

During the confrontation Rose shot at the deputy hitting him in the once in the hand, which the deputy suffered only what has been described as minor injuries.

Orange County criminal defense attorney Michael L. Guisti explains battery is charged under Penal Code (PC) 242, which prohibits the unwanted or unjustified touching of another person.

Santa Ana Assault and Battery defense Attorney Guisti stresses that no matter how slight the touch and regardless if there is no injury, if you touched somebody who didn't want to be touch, that is considered battery.

As the Santa Ana Defense Attorney explains, they're two different classes of battery. Simple battery is when the victim doesn't suffer any injuries and is charged as a misdemeanor, while aggravated battery is when a victim suffers an injury as a result of the battery, or if the battery victim was a police officer or other protected person, regardless of injuries. Aggravated battery can be charged either as a felony or misdemeanor, usually depending on the extent of the injury.

In this case, Santa Ana criminal lawyer Michael L. Guisti explains, Rose is not only facing aggravated battery charges since the alleged victim is a deputy, but under PC 243(b) the suspect is facing "battery on a peace officer."

As the Santa Ana criminal attorney further explains, PC 243(b) is a "wobbler," which means it could be filed either as a misdemeanor or felony, however in this case Rose has been charged with a felony. What determines if the charge will be filed either as a misdemeanor or felony is the severity of injuries, circumstances of the battery, and the suspect's criminal history.

If convicted Rose could face one or all of the following, formal probation, up to a $10,000 fine, between 16 months and three years in a California State Prison, and/or a possible "strike" on his record per California's Three Strikes law, according to Attorney Guisti.

If you're facing some kind of battery charge call the Santa Ana felony defense attorneys at Law Offices of Michael L. Guisti right away. Not only will our legal experts go over and explain the complexities of this charge, but by calling right away before the Orange County District Attorney formally files charges we can not only work with the DA to reduce charges, but investigate police action leading to your arrest, which could result in your case being dismissed.

Call the Law Offices of Michael L. Guisti right away at 714-530-9690.

The Orange County Law Offices of Michael L. Guisti can help you to deal with this charge because our legal experts know the complexities and loopholes of the law and Orange County court system.

We'll handle your case in the best possible ways to reduce your criminal charges or even sometimes to dismiss your case. We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.