Orange County Criminal Lawyer Blog

Westminster, Orange County - An Anaheim couple accused of snatching a woman's purse from her 7-year-old son in front of the Stanton Post Office were each sentenced to two years in state prison Tuesday at the West Justice Center in Westminster.

Jose Guillermo Bermudez, 30, and Christina Amber Bailey, 21, both pleaded guilty to second-degree robbery and a misdemeanor count of credit card fraud.

According to the Orange County Sheriff's Department Bermudez took the purse from the 7-year-old boy while his mother was returning to the car, which Bermudez threw the purse to Bailey, who was waiting in a nearby car, and Bermudez got into the car and both took off.

It's important to understand that unlike other theft crimes robbery is always charged as a felony, and what makes the difference in the prison sentence is if it was first or second-degree robbery, says Westminster criminal attorney Michael L. Guisti.

Many people think and believe robbery is the same as shoplifting and other theft crimes, but, Guisti stresses, robbery is when you take property that didn't belong to you from that owner's personal possession or immediate presence against that person's will using some kind of force or threat.

Since robbery involves direct contact with somebody it's taken a little more seriously, says Guisti.

The main difference between first-degree robbery and second-degree robbery is, first-degree robbery involves robbing people at their homes, robbing a store or bank,, robbing people who just used an ATM, and robbing a Brinks "money trucks," and second-degree robbery is typically mugging, which is basically what happened in this case in Stanton, explains Guisti.

Now credit card fraud isn't a crime in and of itself, but it's covered under California's theft crime laws, says Guisti.

So if you used the credit card and the total came to $950 or less you would be charged with petty theft, but if the credit card charges totaled over $950 you would be charged with grand theft, explains Guisti.

Sometimes in credit card fraud cases you can be charged with forgery if you signed a credit card receipt using the person's name, stresses Guisti.

A lot of people dismiss charges of forgery as nothing serious, but if convicted of felony forgery you could get up to three years in a state prison, Guisti explains.

If you've been arrested for robbery, burglary, shoplifting, forgery, or any theft crime it's very important to contact our Orange County theft crime attorney experts at the Law Offices of Michael L. Guisti right away.

A theft crime could send you to prison for many years, but our legal experts at the Law Offices of Michael L. Guisti have over a decade of experience winning tough theft crime cases for our clients in the courts of Orange County, San Bernardino, Los Angeles, Riverside and San Diego.

So please, call now.

Santa Ana, Orange County - One man and three teenagers have been arrested after allegedly trying to break into a medical marijuana dispensary in Santa Ana early Wednesday morning after being spotted by an Orange County Sheriffs' helicopter.

Santa Ana Police responded to a report of a burglary in progress after the business owner saw the suspects allegedly take marijuana on a live video security feed, according to police.

The Sheriffs' helicopter was nearby and when they flew over the scene their "night-vision" saw four suspects climbing out of the roof of the business, and one of the teenage suspects became stuck and had to be freed by Santa Ana officers, according to investigators.

The suspects were arrested for burglary and may face possible drug charges.

Meanwhile media reports say the medical marijuana dispensary allegedly doesn't have up-to-date permits and the owner could face possible charges.

This is an interesting case in many ways, because if the suspects had marijuana on their person at the time of the arrest the district attorney could make an argument for marijuana drug charges, says Santa Ana drug crimes attorney Michael L. Guisti.

First off there is the crime of burglary, and in this case it would be second-degree burglary, which is commercial burglary, and burglary is the intent to commit a felony or petty theft once inside the building, explains Guisti.

How much marijuana and other items the suspects allegedly took from the store will determine if they'll be charged with petty theft or grand theft, says Guisti.

In California the threshold between petty theft and grand theft is $950.

What is going to be interesting to watch, says Guisti, is if the DA decides to charge the suspects with various marijuana drug charges.

Possible charges the four suspects could face are, marijuana possession for personal use, sale or transportation of marijuana, and possible drug paraphernalia charges, says Guisti.

What the suspects tell investigators could invite the more serious drug sales charge, says Guisti.

As for the business owner being in possible trouble they're a variety of possible charges the owner could face, explains Guisti, which could simply be a fine for having an expired permit, to major drug charges, and possibly even federal marijuana charges.

In a situation where a business permit expires, which is something a lot of businesses face, in a typical case it would be mostly a fine and/or closure until the permit is up-to-date, but since marijuana laws are still hazy the city attorney, district attorney or even federal government could take this opportunity to seize property and file various drug charges, says Guisti.

If you've been arrested for a theft crime, drug crime, or your medical marijuana dispensary is facing problems with the federal government, it's very important to contact our expert Orange County theft crimes attorney, Orange County drug crimes attorney, or our Orange County medical marijuana attorney at the Law Offices of Michael L. Guisti.

With attorneys and legal experts specializing in certain crimes this has allowed the Law Offices of Michael L. Guisti to have over a decade of experience winning very tough cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Please, call us now.

City of Orange, Orange County - A man who was apparently with a company to help renovate a Best Buy store is wanted in connection with a theft crime after allegedly taking a large television during the overnight renovation.

Police say an outside renovation company was brought in to help redesign elements of the store last month, and during the overnight job the suspect allegedly took a large television for his own keeping.

It will be interesting to to see how the District Attorney files this one, explains Santa Ana criminal attorney Michael L. Guisti.

Was this theft crime basically an impulse shoplifting matter, or if it was planned the suspect could be charged with burglary, says Guisti.

There hasn't been any report of how much this television costs, and that will be very important in figuring out just what kind of charges the suspect will be facing, says Guisti.

It's very important to understand it's the cost of an item, or items, that determines if you'll face petty theft or grand theft charges, explains Guisti.

In California the threshold between petty and grand theft is $950, and a new, large television can easily be worth over $1,000, and as such you would face grand theft charges, says Guisti.

It's important to point out, Guisti goes on to say, in other cases if you allegedly shoplifted thousands of items, but the value only comes to, say $400, you'll only face petty theft charges.

The point being, says Guisti, it never matters how much or how little you allegedly shoplifted, only how much those items cost to determine the seriousness of the charge.

A lot of the time police like to tag on burglary charges to shoplifting cases, but that can be difficult to prove, because if you acted on impulse to shoplift once inside the store that isn't burglary, explains Guisti.

It's only considered to be a burglary crime if you thought about shoplifting before entering the store, says Guisti.

In this case the question is, was it burglary and did the suspect "think" about doing this before entering the store, well, says Guisti, this is where a good defense attorney can come in and work to get their defendent the best possible deal and outcome.

If you've been arrested for a theft crime it's very important to contact our Orange County theft crime attorney experts at the Law Offices of Michael L. Guisti right away.

For over a decade we have won difficult theft crime cases for our clients in Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

So please, call us now.

Santa Ana, Orange County - A Santa Ana man was found guilty Thursday for first-degree residential burglary, indecent exposure and child annoyance after he broke into a Stanton home, and masturbated in front of a grandmother and her two young granddaughters.

It took the jury at the Central Justice Center about a day and a half to reach the verdict.

Prosecutors wanted to charge the man with assault and battery after police reported he touched the grandmother, but however the man's defense attorney showed the district attorney his client never touched the grandmother nor her grandchildren, and prosecutors dropped charges.

Had the suspect even barely touched the grandmother or grandchildren he could have invited much more serious charges of assault, battery, sexual battery and even lewd acts with a child, says Santa Ana criminal defense attorney Michael L. Guisti.

The crime of burglary is basically when you enter a structure to commit a theft crime or felony, says Guisti.

The crime of indecent exposure is when you expose your genitals with lewd intent, explains Guisti.

It's very important to understand the main element of indecent exposure is if you drew attention to your genitals, and in this Santa Ana case masturbating qualifies as that, says Guisti.

They've been many cases in the past where somebody was charged with indecent exposure for urinating in public, but, explains Guisti, since they weren't drawing attention to their "private area" while going to the bathroom there is no crime of indecent exposure.

Now when the guy in this case was masturbating had he at anytime just touched, if only for a second, the grandmother or her grandchildren anywhere on their bodies he would likely have faced sexual assault charges and lewd acts on a child charges, according to Guisti.

Now if the man threatened to harm the grandmother or grandchildren he could have been charged with assault, and had he just touched either person, no matter the force, he would have been charged with battery, says Guisti.

In a case like this where prosecutors always overcharge it's so important to have a criminal defense attorney who can show the district attorney these crimes didn't occur and the defense lawyer's client is properly charged, explains Guisti.

If you've been arrested for a series of crimes it's so important to contact our Orange County criminal defense attorney experts at the Law Offices of Michael L. Guisti so we can make sure you're not overcharged and work to successfully defend you against your criminal charges.

We have over a decade winning cases and keeping our clients out of prison, so please, call us now.

Seal Beach, Orange County - A suspect has been arrested in a home-invasion robbery of a 90-year-old woman in Seal Beach, according to the Orange County Sheriff's Department.

On Wednesday morning the elderly woman walked out of her home to get her newspaper, and that is when two men confronted the woman with one of them holding a handgun against the woman's neck, according to sheriffs'.

The woman was tied to a chair and her head was covered with a towel while the men searched the home for valuables, according to sheriff investigators.

Anytime there is a home robbery it is always charged as a felony first-degree robbery, says Westminster criminal attorney Michael L. Guisti.

The crime of robbery, explains Guisti, is taking property that didn't belong to you from that owner's personal possession or immediate presence against that person's will using some kind of force or threat.

First degree robbery is when a suspects robs a bank, robs a house, robs somebody using an ATM or robs a business, and second-degree robbery is basically something like mugging, according to Guisti.

A conviction of first-degree robbery that was done with another suspect carries a sentence between three-to-nine years in a state prison.

The suspect also faces the serious charge of burglary and, according to Guisti, will likely face the felony charge of first-degree burglary.

Burglary, says Guisti, is when a suspect planned to commit a felony or petty theft before entering a store or house.

First-degree burglary is always charged as a felony, says Guisti.

Second-degree burglary is typical found in shoplifting cases and other commercial burglary cases, but, explains Guisti, unlike first-degree burglary there is a very good defense on whether or not you really thought about committing a crime before going inside the commercial building, or if you just took advantage of what you thought was a perfect opportunity to stuff an item in your pants.

If the suspects are convicted of first-degree burglary they could face between two-to-six years in prison, according to Guisti.

Burglary and robbery are very serious crimes with severe punishments if convicted, and that is why if you or somebody you know are facing these charges you need to call the Orange County theft crimes attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

Even with serious charges against you understand our decade of experience shows we get our client's severe criminal charges successfully dismissed, reduced or found not guilty in the courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

So please, give us a call so we can begin putting these serious charges behind you.

Irvine, Orange County - As the holiday season gets into full swing with shoppers going to the South Coast Plaza in Costa Mesa, Fashion Island in Newport Beach and the Santa Ana MainPlace, among other places, there is always a rise in shoplifting.

A new report from the National Association of Shoplifting Prevention says on average one out of 11 people are shoplifters, and that most shoplifters are adults, and not teenagers as commonly believed.

Recently the advertising industry publication Adweek teamed up with the National Association of Shoplifting Prevention to compile a top ten list of most shoplifted items for 2011.

Believe it or not the top three most shoplifted items aren't what you may think. According to the study the third most shoplifted items are items like toothbrushes, razors and other common men's grooming products; the second most shoplifted item is premium alcohol; and the most shoplifted item, premium meats such as filet mignon.

Irvine criminal attorney Michael L. Guisti explains if you or somebody you know have recently been arrested for shoplifting you, or that person, need to remain quiet until you have an attorney present with you, because what you say could invite more serious charges like burglary.

During the course of the police's investigation they'll ask you if you planned or thought of shoplifting before you entered the store, and while that may not seem like a big deal admitting to police you thought of shoplifting prior to entering the store that admission invites burglary charges, according to Guisti.

The crime of burglary, says Guisti, is when you plan to commit petty theft or a felony before entering a store, and that is why if you happen to tell police you thought of shoplifting before going into the store you'll be charged with burglary.

A lot of shoplifting cases are done on impulse where somebody entered the store with no intention of shoplifting, but the person discovers what looks like an opportunity and, frankly, tries their luck, says Guisti.

If you entered the store with no intentions or plans of shoplifting you shouldn't be charged with burglary, says Guisti, and that is why it's always important to retain a professional shoplifting attorney who can work to get rid of these unwarranted charges.

The next big thing in shoplifting charges is if you're going to be charged with petty theft or grand theft. You're charged with a petty theft if the items you allegedly stole were under $950, and grand theft charges are brought on if you allegedly store over $950, says Guisti.

It's very important to note, says Guisti, it doesn't matter how many items you allegedly shoplifted, only that its value is below or above $950. For example, If you went to the South Coast Plaza and allegedly stole a single dress worth $1,500 you'll face grand theft charges, or if you allegedly shoplifted tons of clothing items that fill up your car, but the value only came to $600 you would only face petty theft charges, according to Guisti.

We know times are tough for a lot of people and sometimes desperate measures are taken by people who wouldn't normally do such a thing, but whatever your case may be it's important to understand this is a serious charge, which is why you must call the Orange County shoplifting attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

A shoplifting charge shouldn't ruin your holiday season, which is why you need to call our theft crimes defense lawyers who have over a decade of experience of dismissing, reducing or having our clients found not guilty of shoplifting charges in the courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

Anaheim, Orange County - Anaheim Police are looking for two men wanted for burglary in connection with an ATM heist at a Wienerschnitzel last week.

The two suspects broke into the fast food restaurant past 2 a.m. breaking open and going through the drive-thru window and once inside that is when the suspects allegedly used a pallet jack to take the ATM, which contained thousands of dollars, according to Anaheim Police.

During the burglary the suspects apparently tried to cover the surveillance cameras with napkins, but one of the napkins fell off and the security camera was able to fully capture one of the suspect's faces as he attempted to put the napkin back on, and the suspects left behind the pallet jack, according to detectives.

Fullerton criminal attorney Michael L. Guisti explains that the crime of burglary is when you plan to commit a theft crime before entering a home or business. In a lot of shoplifting cases it's not always clear if the intent to commit a burglary was there as many shoplifters commit the act on impulse once inside the store, but in this case it's appears the suspects allegedly broke into a business, which would invite the burglary charge, says Guisti.

The next charge the suspects will face for likely be grand theft charges, says Guisti, since police claim there was thousands of dollars in the ATM.

The line between petty theft and grand theft is $950 and grand theft invites more serious charges, says Guisti.

In burglary cases what your intent was makes all the difference in whether or not you'll face burglary charges, and the way the district attorney typical views these cases is your intent is generally made clear if you're caught with a crow bar, screwdriver and other items associated as being burglary tools, in which case you can also be charged with misdemeanor "burglary tools," says Guisti

Residential burglary is typically first-degree-burglary and is always charged as a felony while most commercial burglary is considered second-degree-burglary and can be charged either as a felony or misdemeanor, according to Guisti.

These are serious charges that can result in many years in a state prison, and this is why it's very important to contact the Orange County theft crimes attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

Even though law enforcement may say what you're doing is clear-cut understand it's not clear-cut and you have many burglary defense options, and some of which can include having charges reduced or dismissed.

Our track record shows we have successfully defended our clients against charges of burglary in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

We're here to win your case for you.

Irvine, Orange County - A suspect was arrested Thursday afternoon after allegedly robbing a phone store in Irvine.

Police say the suspect entered the T-Mobile store at the Irvine Marketplace threatening he had a weapon and took an unknown number of items.

Police spotted the suspect car a short time later on the freeway and followed it for a short time before pulling over the car and arresting the suspect on robbery charges.

Irvine criminal attorney Michael L. Guisti explains that many people understandably think that robbery, shoplifting and burglary are one of the same charges, but they're vastly different charges with very different punishments if convicted.

The crime of robbery, Guisti explains, is taking property that didn't belong to you from that owner's personal possession or immediate presence against that person's will using some kind of force or threat.

In this case claiming you had a weapon and taking items from a store would meet those requirements, says Guisti.

The difference between robbery and the crime of shoplifting is shoplifting you're not taking the possessions of another using force or fear, and had this suspect in Irvine gone into the T-Mobile store and stuffed items onto his person and walked out the door he would've face only shoplifting charges and not the more serious robbery charge, according to Guisti.

What does matter to both a robbery and shoplifting suspect are the value of the items allegedly taken, because if the value of the items are under $950 a shoplifting or robbery suspect will face addition charges of petty theft, and if the value was $950 or more the suspect will face an additional charge of grand theft, according to Guisti.

Now burglary charges, Guisti goes on to say, is basically when you planned to commit a theft crime or felony before entering the store, so it's very likely the Irvine robbery suspect will face this charge of burglary.

A lot of times shoplifting suspects well be charged with burglary, because many times police will seemingly ask a passing question like, "did it cross your mind to do this before going into the store?," and many times a suspect will say "yes," which is then enough to suffice a burglary charge, says Guisti.

If you entered a store and shoplifted on impulsed, because maybe the opportunity presented itself, then you cannot be guilty of burglary, because you thought to commit a theft crime once inside the store, according to Guisti.

If you're facing charges of robbery, burglary or shoplifting you must contact our Orange County theft crimes attorney experts right away at 888-478-8999.

Santa Ana, Orange County - Two men have been arrested for robbery after allegedly posing as police and pulling a motorist over and robbing the victim of his wallet, cell phone and jewelry Sunday morning, according to Santa Ana Police.

Police detectives say the suspects pulled behind the victim's car, flashed a red light, at which point the suspect pulled over and the suspects posing as police officers ordered the man to the curb, took the items and fled in their car.

The suspects were later arrested by police.

Santa Ana criminal attorney Michael L. Guisti says robbery is always a serious charge, because it's always charged as a felony.

People often use robbery and burglary interchangeably, but those are two different crimes, according to Guisti.

For the crime of robbery it must be shown to the judge and jury that the suspects took property that didn't belong to them from the owner's personal possession or immediate presence against that person's will using some kind of force or threat, and the suspects intended to deprive the owner of their property permanently or for an extended period of time that deprives the owner any value or enjoyment of the property, according to Guisti.

If convicted the suspects could face several years in prison, says Guisti.

If you've been accused of robbery you need to call the Orange County robbery attorney experts at the Law Offices of Michael L. Guisti right away at 888-478-8999.

As you've read this is a very serious charge, which is why you need a professional Orange County criminal defense lawyer by your side, because our legal team will work to get you the best possible outcome so you can go on with your life.

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.

Newport Beach, Orange County - A parolee with two felony convictions was sentenced Thursday to 22 years in state prison for robbery, burglary and possession of a firearm by a felon after breaking into the Irvine home of a woman who ran a day care for children ranging from 6 months to 3 years old in June 2009.

Newport Beach criminal attorney Michael L. Guisti explains that many people, understandably, think robbery and burglary are the same crime, but they're very different, separate crimes that each carry different punishments if convicted.

Burglary is when you plan to enter a structure to commit a felony or petty theft, while robbery is using fear and/or force to take something, like money or an item, from somebody's immediate possession, according to Guisti.

Newport Beach criminal lawyer Guisti goes on to say possession of a firearm by a felon is a violation of Penal Code 12021 that prohibits gun possession for people who have been convicted of a felony offense, certain misdemeanor offenses and people who are "addicted" to narcotic drugs. Guisti notes that those convicted of misdemeanors that could violate this law are usually reserved for those convicted of misdemeanor gun crimes like brandishing a weapon and certain misdemeanor sex crimes.

Guisti says these are all very serious charges and if you or somebody you know are facing such charges you need to set up an appointment with an experienced attorney right away, because even though police claim one thing there could be other facts in your case that could result in reduced charges or having your case outright dismissed.

The most important thing to understand when facing very serious charges, according to Guisti, is don't let police or the district attorney investigator badger you into thinking your case is hopeless and you should just give up, because when you have a professional Orange County attorney by your side your lawyer can review these allegations, possibly find and reveal new evidence in your favor, review and question the creditability of the alleged victim and witnesses, and get you the best possible deal.

If you're facing criminal charges contact the Law Offices of Michael L. Guisti right now at 714-530-9690 or call our Irvine offices at 949-390-9898 and we'll see to it you're fairly represented in court and your side of the story is heard.

Brea, Orange County - Two men reportedly robbed a man near the Brea Mall at gunpoint on Wednesday evening, according to Brea Police.

One of the men brandished a handgun as they demanded money from the victim and left the scene with an unknown amount of money, according to police.

Fullerton criminal attorney Michael L. Guisti explains what sets robbery apart from other theft crimes like burglary and shoplifting is the suspect directly takes property from another person using fear, threats and force, and using a gun to take another person's money fits that definition.

Where as burglary is where you plan to enter a building to commit a crime and shoplifting is being inside a store taking items that could result in petty theft or grand theft, Guisti explains, robbery is going right up to the person and fearfully and forcefully taking their possessions.

Fullerton criminal lawyer Guisti explains since the suspects in this Brea case allegedly used a gun they face the possibility of a major sentencing enhancement under California's "10-20-life 'use a gun and you're done'" law, which subjects the suspects to an addition and consecutive sentence of ten years in prison for "using" a gun.

Guisti explains they're a couple defenses that could be used, the first is examining details of the case and see if "fear and force" was really used, because if there was no fear or forced used the suspects cannot be charged with robbery.

Also, if no gun is recovered and the suspects claim they never used a gun then it becomes very difficult for prosecutors to push ahead with the "10-20 life" sentencing enhancement, according to Guisti.

Guisti explains that alleged theft victims sometimes embellish stories to authorities hoping either for a faster police response or perhaps to cover up an embarrassing gaff on their part, such as leaving an item, like a wallet or iPod, out in the open on a table and walking away for a few seconds giving thieves the opportunity to grab the item when the victim is away. In a situation like this, Guisti goes on to say, the person or persons who seized upon the opportunity and stole the item cannot be charged with robbery since no fear and force was used, which means if caught they could face a lessor misdemeanor charge rather than a felony charge.

This is why it's important to hire a professional Orange County theft crimes attorney who can examine the case and make sure the DA, judge and jury hears your side of the story backed up by evidence, according to Guisti.

If you're facing robbery charges or other theft crime charges call the Law Office of Michael L. Guisti at 714-530-9690 right away.

Yorba Linda, Orange County - In Yorba Linda two men were arrested for allegedly being in possession of stolen property and auto burglary after allegedly breaking into cars and taking items.

Police say the two suspects allegedly stole cell phones, an iPod, a GPS system and Oakley sunglasses from parked vehicles.

Fullerton criminal attorney Michael L. Guisti says the first thing that needs to be looked at is if the cars the suspects allegedly broke into were locked, or unlocked. The reason being, Guisti explains, if you break into a locked car that is auto burglary, but if you open a car door that is unlocked that doesn't constitute auto burglary.

Many times the alleged victims, usually out of embarrassment, will tell police their car door was locked, when in reality it was not, according to Guisti, and this is one way a lot of alleged suspects face false auto burglary charges.

The bottom line, according to Fullerton criminal lawyer Guisti, for there to be an auto burglary charge you must have altered the locks of the car or trunk, and if you opened an unlocked door and you're caught you should only face the lessor charge of trespassing.

Whether you broke into the vehicle or were able to gain entry through an unlocked door what you do once inside the vehicle is where the more serious charges arise, according to Guisti. If you steal the vehicle you face grand theft auto charges or if you steal items from the vehicle you could face petty theft or grand theft charges, or in the case of these Yorba Linda suspects, you could face charges of receiving stolen property, according to Guisti.

For property to qualify as "stolen" the alleged suspect who took the property must have intended permanently to deprive the owner of that property under Penal Code 496 according to Guisti.

Fullerton criminal attorney Guisti explains that to prove you received stolen property investigators must show that the property was stolen, that you received the stolen property, and that you knew the property was stolen.

Auto burglary and receiving stolen property are "wobblers," which means they can be charged either as a misdemeanor or felony, according to Guisti.

If you or somebody you know are facing such charges you must call the Law Offices of Michael L. Guisti at 714-530-9690 right away you we can set up an appointment and review your case.

Just because you're accused of this crime doesn't mean you're automatically guilty.

Irvine, Orange County - Irvine Police have arrested a man suspected of credit card theft after allegedly stealing credit cards from 13 Irvine offices and using them to by gift cards.

Police say the suspect, John Steven Gachupin, 47, allegedly took advantage of unattended purses and wallets left in Irvine offices while workers were reportedly away from their desks.

Irvine criminal defense attorney Michael L. Guisti explains Gachupin will likely be facing, at the least, burglary, robbery and theft charges.

Burglary, Guisti explains, is when you enter a structure, be it a house, store or office building, with the intent to commit a felony or petty theft once inside. Guisti goes on to say they're two degrees of burglary, first degree burglary is when you enter a residence, which is charged as a felony, and second degree burglary is basically commercial burglary and can be charged either as a misdemeanor or felony.

Irvine theft crime defense attorney Guisti says if this suspect happened to work at all 13 Irvine offices and acted on impulse once inside the building rather than planning to allegedly steal the credit cards then he shouldn't be charged with burglary since he entered the building with no intent to commit a crime.

The charge of robbery is basically the physical act of stealing, according to Guisti. One of the elements for the charge of robbery to stick is "immediate presence," which is an area where the victim would logically exercise reasonable control over the item, according to Guisti. Where "immediate presence" begins and ends is quite blurry, according to Guisti, and that is why this suspect or his family should strongly consider hiring a professional Orange County criminal defense lawyer.

Irvine theft crimes defense attorney Guisti explains the theft charges against Gachupin may depend either how much the credit cards were worth and/or how much he spent using those credit cards. Guisti explains they're several ways the Orange County District Attorney could charge Gachupin, either a single theft charge for all 13 credit cards he allegedly stolen, or one single theft charge.

Guisti says if Gachupin charged more than $950 to the credit cards he can be charged with grand theft, or if the cards were charged less than $950 Gachupin will face petty theft charges.

If Gachupin is facing 13 single counts of grand theft, or 13 counts of petty theft, or a combination of both, he could be facing serious jail time, according to Guisti.

Guisti explains if you're ever in a situation like this you need to consult with a profession Orange County theft crimes attorney right away who can work out a deal to get the 13 charges reduced to one single charge.

If you're facing theft crime charges call the Irvine theft crime defense attorney specialists at the Irvine Law Office of Michael L. Guisti right now at 949-390-9898 so we can review your case and help keep you out of jail.

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

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

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

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

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

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

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

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