Orange County Criminal Lawyer Blog

Santa Ana, Orange County - When people are facing a Murder charge in Southern California, Orange County, Los Angeles, San Bernardino, their first question should be how their rights can be protected. Southern California criminal attorneys at our firm have successfully handled many felony violent crimes, California murder crimes, attempted murder, first degree murder, second degree murder, appeals. The key is that you have a skilled Orange County defense attorney who has the know-how to provide a strong defense for you and your family.

Our Orange County felony defense attorneys recently discussed about a case on the news regarding Orange County murder crime. In the news, an Orange County Santa Ana man, was charged with murdering his wife and fleeing to Mexico. Agustin Amaraz Espinoza is accused of killing his wife, 53-year old Marisela Espinoza on July 29, 2010, after she asked him to move out. According to authorities, Marisela found out that Agustin had gambled away $100,000 of his retirement fund and was having an extra-marital affair.

Police say that Agustin left his wife's body in the living room before fleeing to Mexico. Agustin was arrested while re-entering the United States from Mexico.

Newport Beach criminal defense lawyer reviewed the news explained that if convicted, Agustin faces a maximum sentence of 25 years to life in state prison. Under California Law, Murder is the unlawful killing of a human being with malice aforethought. In California, there are two degrees of murder. First degree murder is a second degree murder plus an aggravating factor, therefore it is punished more severely.

California criminal attorney explains that under California Penal Code Section 190 (a), a conviction of first degree murder carries a sentence of imprisonment for a minimum of 25 years to life. If certain conditions are met, one can be sentenced to the death penalty. One of these conditions is murder committed after lying in wait. In addition, using a firearm to commit murder or any other California felony crime can increase the sentence by 3 to 10 years.

Santa Ana felony crime defense attorney further explain, whether it is first degree murder, second degree murder, attempted murder, homicide or manslaughter, murder is the most serious of all crimes committed, and severely punishes those who violate or break the law. A conviction can and will destroy a person's life. It is imperative for an individual facing a murder charge to retain a highly qualified California murder defense attorney or Orange County felony crime defense lawyer as quickly as possible.

At the Law Offices of Michael L. Guisti, we have highly experienced attorneys to help reach the best result possible. Our experienced Orange County criminal defense lawyers will inform you of your rights throughout the pre-trial process, explain you the elements that the prosecutor needs to prove for a conviction, familiarize you with all possible defenses you can assert, and defend you in court.

Our law firm also represent clients in all types of criminal charges such as appeals, habeas corpus, domestic violence, assault and battery, murder, attempted murder, hit and run, DUI, drug crimes, white collar crimes, embezzlement, fraud, professional licensing defense, abuse, sex crime, appeals and habeas corpus. Our Orange County defense attorney and Santa Ana felony defense attorneys have successfully defended clients in Orange County, Newport Beach, Corona del Mar, Laguna Beach, Laguna Niguel, Santa Ana, Westminster, Huntington Beach, Fullerton, Garden Grove, Costa Mesa, Tustin, Los Angeles, Long Beach, San Diego, Riverside and San Bernardino.

Whether you have been wrongfully accused of a crime or want to avoid a difficult or unjust sentence, we are available day or night to come to your defense. From misdemeanors to serious felony crimes, the law offices of Michael L. Guisti has the experience and firepower to fight any criminal charges you may face.

Committing murder is a serious charge that has grave consequences. If you or someone you love has been arrested or charged with a felony like murder in the above story, call us today at 714-530-9690 or our toll-free number at (888) 478-8999 for a free no-obligation consultation with our skilled Orange County criminal defense attorneys. You'll be glad you did.

Huntington Beach- Huntington Beach resident Jennifer Smalls pleaded guilty to felony domestic violence. Smalls was arrested on suspicion of domestic violence after an incident with her husband. It is alleged that Smalls had stabbed her husband in a chest in a hotel room. His injury was not life threatening. She was sentenced to three years probation an 34 days in jail. She will also have to pay restitution.

The charge of domestic violence can be confusing. Domestic violence or corporal injury on a spouse is defined in the California Penal Code section 273.5. It states that domestic violence has occurred when a person inflicts injury on their spouse or cohabitant. In California this is considered a felony which means that if a person is convicted of this charge they could face a jail sentence, probation and restitution.

Many people do not understand how serious a domestic violence charge can be. A lot of the times a spouse will make a domestic violence accusation during an argument and then want to drop the charges. However, the DA may still press charges. It is imperative to hire an experienced Huntington Beach domestic violence defense attorney to handle your case.

Continue reading "Police Chief's Daughter Pleads Guilty to Domestic Violence" »

Huntington Beach, Orange County -Titio Ortiz and his girlfriend Jenna Jameson of Huntington Beach get caught in a domestic violence dispute. Jameson's father called police during a dispute the couple was having. It is alleged by police that Ortiz pushed Jameson down. He was arrested on suspicion of felony domestic violence. He was released on bail.

Domestic violence cases can be very confusing and difficult. In California, domestic violence or spousal battery can be defined in the California Penal code section 273.5. It states that domestic violence has occurred when a person inflicts injury on their spouse or cohabitant. In California this is considered a felony which means that if a person is convicted of this charge they could face a jail sentence and fines.

At first, many people that are charged with domestic violence do not understand how serious this charge can be. It is important to retain a Huntington Beach domestic violence defense attorney if you are facing domestic violence charges.

Continue reading "Famous Huntington Beach Couple Has Domestic Violence Dispute" »

Fullerton- Sean De Lacerda, a Los Angeles Sheriff's Deputy was arrested in Fullerton for the alleged assault on his girlfriend. The ex-girlfriend, who had called the police, states that she was concerned for his safety and her own. She told police that he had showed up to her apartment and immediately they started fighting. At the time he was armed with a hand gun and was making threats of suicide. Fullerton police arrested him on the suspicion of felony assault with a deadly weapon, burglary, and false imprisonment.

Assault with a deadly weapon is considered a serious offense in California. It can be defined in the California Penal code section 245(a). It states that any person that commits assault to another with a fire arm can either be charged with a misdemeanor or a felony. In California it is called a "wobbler". This means that he unique factors for your case will determine whether it gets charged as a misdemeanor or a felony. Burglary is also considered a "wobbler in California. It is defined in the Penal code section 459. It defines one type of burglary as breaking into a residence with the intent to commit a crime. There is also commercial burglary or second degree burglary which is more common. This is usually a shoplifting charge and is considered a "wobbler".

It is important to hire a Fullerton criminal defense attorney if you are facing charges like assault with a deadly weapon or burglary. An attorney with experience will be able to successfully defend you in court.

Continue reading "Los Angeles Sheriff's Deputy Arrested for Assault with a Deadly Weapon" »

Santa Ana- Janeth Vallejo of Santa Ana was arrested on suspicion of homicide. Santa Ana police allege that Vallejo killed her husband after an argument that occurred between them on Monday. Police were called out to the suspect's house, and found large amounts of blood on the floor. The victim suffered gunshot wounds and was pronounced dead at the scene.

Santa Ana homicide defense attorney Michael Guisti recently commented on this case. He explains the homicide can be defined in the California Penal code 187 and describes murder as the unlawful killing of a human being, or a fetus, with malice aforethought. The punishments for homicide are life in prison without parole, the death penalty and fines. The charge or homicide in California is very serious, however there are defenses to homicide like self-defense for example, that could possibly help your case. He goes on to say that Vallejo might also face separate domestic violence charges as well.

Since the charge of homicide is such a serious one, it is important to hire an experienced Santa Ana criminal defense attorney right away. At first when being charged with homicide or domestic violence, it may seem like you do not have any options. Retaining a highly skilled attorney will give you these options.

Continue reading "Santa Ana Wife Kills Her Husband" »

Santa Ana- Well known city attorney David R. Hunt was arrested on Sunday for an alleged domestic violence situation. Police were called to Hunt's house Sunday night. Hunt was having an argument with his son and his wife tried to intervene. It is alleged by police that this is when the assault on his wife happened.

She was taken to the hospital were she was treated for a cut on her arm and a bump on the back of her head. Santa Ana police said that she hit her head on a table on the way down to the floor. Hunt is being held on suspicion of felony spousal battery.

Southern California domestic violence defense attorney Michael Guisti, who is highly experienced in domestic violence cases, comment on the news article. He states that in domestic violence situations they can either be charged on a felony or a misdemeanor. Whether it is charged as a felony spousal battery or misdemeanor spousal battery lies on how sever the battery was. In California domestic battery is covered in the penal code section Penal Code 243(e)(1) makes it a misdemeanor crime to inflict force or violence on an intimate partner...a category that includes your fiancé, cohabitant, the parent of your child, or your current or former spouse or dating partner. Domestic violence is considered a very serious offense and it usually means jail time.

Continue reading "Santa Ana city Attorney Arrested for Alleged Domestic Violence" »

Irvine, Orange County - Irvine Police Department, City of Irvine, and victim's advocate groups are teaming together to raise awareness and prevent incidences of domestic violence. Irvine has been famous for being the safest city with a population over 10,000 in the country. However, Irvine has noticed an increase in the rise of domestic violence rates. Several high profile homicides that occurred in Irvine during the past several years has been linked to relationship strife, such as, fatal shooting of Rebecca Benedict in 2009 by her ex-husband, who was a UCI grad student, regarding the custody of four-year-old son on, death of Janelle Peralta in 2007 after a bloody fight with her boyfriend, and the fatal stabbing of Yolanda Snyder in 2007 by her estranged husband.

A prominent Irvine Domestic Violence Attorney and Orange County criminal lawyer, Michael L. Guisti, who has successfully handled hundreds of domestic violence cases in Orange County, noticed that the domestic violence and domestic abuse rate has been on the rise in the past couple of years in Irvine, Tustin and Newport Beach areas. In an latest attorney interview regarding this findings about the domestic violence in Orange County, Mr. Michael Guisti spoke about domestic violence crimes. He said domestic violence is serious crimes in California. Many district attorney's offices have units dedicated just for domestic violence offenses. District attorneys will often proceed with the charges and trial even if the victim forgives the defendant and decides to not press charges. In addition, most jurisdictions impose jail time for domestic violence convictions, even for first-time misdemeanor offenses. Convictions of this sort stay on your permanent record and can hinder you from getting a job or going through a background check. Police has worked to increase the teamwork and communication between victim's advocate groups by inviting them on ride-alongs during busy nights of the week. In addition, the police focused on increasing the training of its officers regarding domestic violence to raise the sensitivity of the issue and to prevent the crime before it happens.

If you are charged with domestic violence, you need an aggressive, competent, and experienced criminal defense attorney to fight for you. Just because you are charged with domestic violence does not mean the charges will stick.

For immigrants, convictions of domestic violence crimes can have additional serious consequences. Convictions of domestic violence are considered crimes of moral turpitude which can get you deported from the United States and prevent you from obtaining a citizenship. Thus, it is very important to hire a competent criminal defense attorney to fight for your case so that it does not result in criminal conviction.

In some cases, our skilled criminal defense attorney can meet with the district attorney and persuade the district attorney to fight not press charges at all.

If you or your loved ones have been charged or arrested for domestic violence, assault and battery, or related felonies and/or misdemeanors in California you need legal consultation from an experienced and knowledgeable Orange County criminal defense attorney to protect your rights and freedom.

Continue reading "Irvine domestic violence cases on the rise " »

SANTA ANA, Orange County - An Irvine new resident, Janelle Peralta, was murdered by her long time boyfriend in Irvine on July 4, 2007. The man, Javier Colon, was found guilty by jury and was convicted of first degree murder of murdering his girlfriend using deadly weapon in Irvine. He will be sentenced Feb. 19.

The couple moved from New York to Irvine one week before the murder happened. It all started from a fight that night followed by an escalated assault and battery with deadly weapon. Javier slit his throat and wrists and had slashed Peralta 15 times. He was trying to kill both Peralta and himself. Peralta's mother took the 1-year old baby and ran out of the apartment and called police.

Fullerton, Orange County - A Fullerton man, Gideon Omondi, who was convicted of first-degree murder and attempted murder in 2006, was sentenced to 25 years to life in prison yesterday. Omondi killed his 4-year-old son in the bathtub at his Fullerton Appartment in September, 2006 in order to avoid paying child support. Orange County social workers had been contacted about possible child abuse before his son was killed.

Omondi was a Kenyan student studying at Cal State Fullerton in 2004. Omondi and his wife was divorced and shared custody of their son. On Sunday night in September 2006, he drowned his son Richie. He drove to the Fullerton police station and confessed to the Fullerton police. He pleaded not guilty by reason of insanity, but he was found to be sane in court.

Under California law, under California Penal Code section 187, murder is an act that results in the death of another human being. There are several factors involve homicide. Homicide include: 1st degree Murder: under California Penal Code section 189, defined as murder committed after deliberation and premeditation. Those murders not qualify for first-degree murder are usually considered as second-degree murder. Voluntary Manslaughter: The intentional killing of a human being, when the defendant had no prior intent to kill. Vehicular Manslaughter: Under California Penal Code Section 191 and Penal Code Section 192, Gross Vehicular manslaughter defines as causing the death of another person due to illegal driving, including negligence, DUI, drunk driving or reckless driving.

In California, Murder crime is one of the most serious crimes of all the violent crimes. The punishment is very harsh. If convicted of first degree murder, the defendant is usually sentenced to 25 years to life in prison. When the murder crime involves firearm or any other felony, the sentence could be enhanced by 3 to 10 years.

Whether it is a first degree murder, second degree murder, attempted murder, or a vehicular manslaughter, you should consult a strong Orange County criminal defense attorney or a skilled Los Angeles Criminal Attorney to help you immediately. The experienced Southern California criminal defense attorneys at the Law Offices of Michael L. Guisti will review your case and discuss the options with you to ensure your rights are protected. We will do everything we can to protect you and keep you out of jail.

Continue reading "Orange County Man Sentenced to 25 years to life for drowning son " »

HUNTINGTON BEACH, Orange County - An Orange County high-profile homicide prosecutor was arrested on Christmas day. David Brent and his wife, Roshawn were arrested for domestic violence.

Mr. Brent fought with and punched Roshawn's face. Allegedly, the fight began over a gift. Scared, she called 911. Mr. Brent fled the scene. Both David Brent and his wife were arrested for corporal injury on a spouse. They were transported to Huntington Beach jail. They currently face felony domestic violence charges.

Both parties are charged with California Penal Code Section 273.5 (willful infliction of corporal injury). California law defines a spouse as a former spouse, cohabitant, and the mother or father of a child. Corporal injury refers to a wound, either internal or external caused by serious force. The wound can be of a minor or serious nature.

If this is Mr. Brent's first felony the penalties range from prison, county jail, to a fine. Mr. Brent's maximum prison sentence would be four years. If sentenced to county jail, time served would be less than a year. In rare cases, a fine, up to $6,000 would be paid.

If you or your loved ones have been charged or arrested for domestic violence, assault and battery, or related felonies and/or misdemeanors in California you need legal consultation from an experienced and knowledgeable Orange County criminal defense attorney to protect your rights and freedom.

Continue reading "Orange County Prosecutor Arrested for Domestic Violence" »

HUNTINGTON BEACH - David Brent, of Huntington Beach, was arrested on Christmas for domestic violence. He is an Orange County high-profile homicide prosecutor. His wife, Roshawn, also was also arrested for domestic violent in the fight over a gift. They are facing felony domestic violence charges.

Brent, a head of homicide unit at the Orange County District Attorney's office, fought with his wife and punched his wife in the face. She called 911 for the domestic violence. David Brent fled the scene. Both David Brent and his wife were arrested for corporal injury on a spouse and were taken to the Huntington Beach Jail.

According to Orange County Register that surprisingly some of the safest Orange County's cities have been added to the list of the cities with more violent crimes this year, even though the number of crimes nationwide has been dropped dramatically this year.

According to the report, some of the cities in Orange County which used to be considered as violent crime cities have reportedly seen improvement this year, cities such as Santa Ana, Huntington Beach, Westminster, Anaheim, Garden Grove and Orange.

Irvine, the safest city in the county with lowest crime rate, has seen violent crime increased significantly. The reported violent crimes have increased 42 percent
Irvine city has reported more felony crimes on the rise in some serious criminal charges, such as grand theft, assault and battery, assault with deadly weapon, domestic violence, fraud, white collar crime, embezzlement, aggravated assaults and violent crimes. However, Irvine is still considered as the safest city to live as the rate of the violent crimes is only 3.9 per 10,000 residents.

The reported violent crimes in the city of Costa Mesa and Fullerton are also on the rise. Costa Mesa has a 15 percent rise on the violent crimes and Fullerton has a reported 40 percent of the increase for violent crimes.

In Orange County, murder crimes dropped by 10 percent in 2009. In Orange County rape charges have been decreased by 3.3 percent and robbery dropped by 6.5 percent.

If you or your loved one has been charged or arrested for violent crimes or any type of crimes, either a felony or misdemeanor, you need to hire an experienced Orange County criminal defense attorney or Southern California criminal lawyer to protect your right and freedom. Criminal defense attorneys at Law Offices of Michael L. Guisti have handled hundreds of criminal cases in both state and federal court, including assault and battery, domestic violence, appeals, unlawful firearms, white collar crimes,
embezzlement, grand theft, murder, sex crimes, robbery, aggravated assault, fraud, prostitution, vehicular manslaughter, DUI, Driving under the influence and drug crimes. Our criminal defense attorneys have the exceptional knowledge in law, the connections and resources and the expertise to prevail in your defense.

Santa Ana has been considered the city with the highest crimes in the county, but the number of the crime has been dropped 5 percent. Santa Ana common violent crimes such as Murder, three strikes, assault and batter, robbery, aggravated assault, and grand theft have been all decreased.

However, Santa Ana has reported much higher number of homicides this year than other cities.

Whether you have been charged with a felony crime or misdemeanor in Santa Ana, Irvine, Newport Beach, Fullerton, Huntington Beach, Westminster, Anaheim, Orange, Costa Mesa, or any cities in Orange County, you should contact a skilled Orange County criminal defense attorney at Law Offices of Michael L. Guisti immediately. Please contact us at 714-530-9690 for a free consultation to discuss more about your criminal charges or visit us at www.topcalifornialawyer.com.

SAN CLEMENTE, California. - A former Irvine attorney, her two girls and mother were found dead in a murder suicide Tue. Elizabeth Fontaine was in a custody dispute with her ex-husband. She appeared in court Monday morning and was supposed to be back to court in the afternoon.

The homicide happened at an upscale Orange County home in San Clemente. Fontaine moved to Houston a month ago with her daughters. They came back to Orange County for the custody hearing. The family was at a friend's house when the killings happened. A handgun was found at the scene. The case is still under investigation.

If you or someone you care has been charged with felony crimes, such as murder, homicide, manslaughter, we will start strong defense immediately. At Law Offices of Michael Guisti, our skilled Orange County criminal attorneys can negotiate with prosecutors and police on your behalf. We will start investigation immediately and work our best to get your case dismissed or get your charge reduced to a minimum.

Our Southern California criminal defense lawyers are extremely experienced with the following felony violent crimes in Orange County, Los Angeles, San Diego, San Bernardino and Riverside: Murder, attempted murder, first degree murder, second degree murder, homicide, manslaughter, vehicular manslaughter, Domestic violence, Assault and battery, three strikes, assault with a deadly weapon and Unlawful firearms.

Continue reading "4 Family Member dead in San Clemente Orange County Homicide " »

Irvine, Orange County - The son of Irvine company developer Donald Bren was charged with Domestic violence and dissuading witness. Steven Bren was convicted of disturbing the peace and illegal drug possession without prescription. He was ordered by the judge to take drug counseling program.

According to Orange County court, the charges can be reduced to infraction if he could complete his 52 weeks domestic violence counseling. In the court order, he was given 36 months of probation and pay $1,000 fine. He also had a prior charge for domestic violence case in 1996, but it was dismissed.

California criminal law defines Domestic violence as assault, assault and battery, domestic abuse, threats to an individual in a close relationship. In California, in a domestic violence case, if the police are involved, the charges are always filed. Domestic violence charges can be pursued even if the victim does not want to file the charges. Once it is convicted, it carries very serious consequences. It is imperative to consult with an experienced Orange County Criminal defense attorney who can protect your rights.

The Law Offices of Michael L.Guisti provides highest quality domestic violence defense and criminal defense representation to clients charged with domestic violence in Southern California, including Orange County, Los Angeles, San Diego, Riverside, San Bernardino. If the cases involves federal criminal charges, it is critical to seek legal help from an experienced and aggressive federal crime defense lawyer.

Continue reading "Irvine Billionnair's son facing conviction drug crimes and domestic violence" »

WESTMINSTER, Orange County - A Westminster woman, Yuvia Carmago, 22, was arrested for assault with a deadly weapon. She assaulted her stepfather with a two-pound candlestick.

The domestic violence was caused by a heated argument between her mother and stepfather. Westminster officers responded to the report of the domestic violence or domestic dispute in the afternoon. She was taken to the Orange County Jail.

In California, domestic violence can be charged as either a felony or misdemeanor, depending on the extent of the violence & type of injury. California Domestic violence defines as abusive relationships which involves physical violence, threat or any forms of abuse.

Domestic violence is aggressively prosecuted crime. It is extremely important to have an experienced Orange County criminal defense lawyer to protect your rights.

The penalty for California domestic violence is very serious and it depends on the seriousness of the injuries and criminal record. There are some common Domestic Violence penal codes: Corporal Injury to a Spouse or Cohabitant: Penal Code Section: PC 273.5; Domestic Battery: Penal Code Section PC 243 ; Child Abuse: Penal Code Section P 273d ; Child Endangerment: Penal Code PC 273a ; Criminal Threats: Penal Code Section PC 422

If you decide to file a Restraining Order, the right criminal defense attorneys can help you with the preparation of the restraining order for you. We represent clients charged with domestic violence Orange County (including: Newport Beach, Fullerton, Westminster, Santa Ana, Laguna Niguel), Los Angeles, Riverside, San Diego, San Bernardino.

If the domestic violence charge involves laws immigration issues, which means if you get convicted, you might get deported. If you are not a U.S citizen accused of domestic abuse crime, it's very important that you need to have an experienced and aggressive criminal defense attorney to defend your right.

Continue reading "Westminster Woman Arrested for Assault with Deadly Weapon" »