Orange County Criminal Lawyer Blog

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

Irvine, Orange County - A jury in Orange County, Florida found Casey Anthony not guilty Tuesday of killing her 2-year-old daughter in a high-profile case that captivated the country, but before it was over the jury did find Anthony guilty on four counts on giving false information to peace officers, which is a misdemeanor.

Under Florida law Anthony could face up to a year in jail for each count, however in California, according to Irvine criminal defense attorney Michael L. Guisti, punishment for giving false information to a peace officer is only punishable by a maximum of six months in county jail.

Attorney Guisti explains that in California giving false statements to a peace officer is a misdemeanor under California Vehicle Code (CVC) 31 that states in part, "No person shall give, either orally or in writing, information to a peace officer while in the performance of his duties [...] when such person knows that the information is false."

Irvine criminal defense lawyer Guisti explains they're several ways you could break this law, which range from simply giving the police officer a false name to answering a question you know to be false.

To be guilty of this crime, Orange County criminal defense attorney Guisti explains, you had to "knowingly" give false information to the officer, which basically means you meant to deceive the officer. Now if you unknowingly gave the officer documents you believed were legitimate or during questioning you weren't thinking straight and unknowingly gave incorrect answers you cannot be guilty of this crime, according to Guisti.

Irvine fraud attorney Guisti says if convicted of this crime in addition to being sentenced up to six months in jail you could face up to a $1,000 fine.

Attorney Guisti stresses that even though the punishment isn't very harsh you have to remember this is a misdemeanor and if you're convicted of this you're going to have a misdemeanor on your record that potential employers and other agencies will see when they run a background check on you, which is why you need an experienced Orange County criminal defense attorney.

Irvine criminal attorney Guisti says should you be found guilty of this crime at some point you may want to consider an expungement.

If you're being charged with making false statements to a peace officer call the Orange County Law Offices of Michael L. Guisti at 888-478-8999 and let our criminal defense experts handle this matter for you.

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

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

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

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

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

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

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

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

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

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

Ladera Ranch, Orange County - Last Saturday morning the Orange County Sheriff's Department followed up on calls that a woman was driving while holding an infant in her arms, and later leaving the baby in the car while stopping at a yard sale.

The woman, who has not been identified except that she described to be in her "late 20s," was questioned by deputies and released. It's unclear if she will be charged as authorities would not comment on whether or not she will face any charges.

Irvine criminal defense attorney Michael L. Guisti says if the Orange County District Attorney's office decides to pursue charges they will likely file child endangerment charges under Penal Code 273a.

One Irvine criminal lawyer says for the DA's office to file charges they need to show one of three things, that this person willfully inflicted unjustifiable physical pain or mental suffering on the child, or, that she willfully caused, as a result of criminal negligence permitted, a child to suffer unjustifiable physical pain or mental suffering, or that she had care or control of a child.

If the baby suffered any sort of injury, like heat stroke, while left in the car while the woman was at the yard sale it's possible the Orange County District Attorney's office could also charge the woman with PC 273d child abuse, according to Orange County criminal defense attorney Michael L. Guisti.

As a Fullerton criminal defense lawyer goes on to explain, it doesn't have to be a major, gruesome injury to the baby for there to be a child abuse charge as even a small injury can bring these charges.

One Santa Ana family lawyer says it's unlikely child abuse charges will arise from this case, but people should understand how the difference of having a baby on your lap then suddenly keeping the baby in the car can invite different charges.

What will probably be the woman's best defense, according to Orange County criminal attorney Michael L. Guisti, is explaining to the court her act wasn't willful and that she didn't purposely do these things to her baby. After all, as Michael L. Guisti goes on to say, it's possible she had the baby in the seatbelt with her and was nervous to put her in a car seat, and we don't know how long she was out of the car at the yard sale while the baby was in the car.

Child endangerment is a "wobbler," which means it could be charge either as a misdemeanor or felony, depending on the facts of the case and the woman's criminal history.

If convicted of misdemeanor child endangerment, the sentence may include, according to one Huntington Beach family attorney, informal probation, up to one year in Orange County jail, up to $1,000 in fines, a possible a protective order protecting the alleged victim from further acts of violence and possibly a stay away order that prevents her from having contact with the child, and a successful completion of a minimum one-year child abuser's treatment counseling program.

If she is convicted of felony child endangerment the woman faces, along with the misdemeanor charges above, a minimum of four years on formal probation, between two to six years in a California state prison, a maximum $10,000 fine, and a possible "strike" on your record under California's Three Strike's Law.

As Irvine criminal defense lawyer Michael L. Guisti explains, these are no doubt serious charges that not only carry potential jail time, but a stigma. Attorney Guisti strongly urges this woman to contact an Orange County defense lawyer right away before charges are filed, because before the Orange County District Attorney formally files charges her attorney can work with the DA's office to reduce charges, work out a plea bargain, or even have the case dismissed.

If you're facing child endangerment charges 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 these charges because our legal experts know the 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.

Please, don't go at this alone. Give us a call so we can give you expert legal advice and representation you deserve.