Orange County Criminal Lawyer Blog

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Westminster, Orange County - An apparent domestic violence situation in Westminster turned deadly Monday night when a boyfriend allegedly stabbed his girlfriend to death.

Westminster Police responded to a domestic violence call of a man attacking a woman and upon arrival officers were informed the suspect had been stabbing his girlfriend.

Once police arrived to where the girlfriend was located she was profusely bleeding and soon declared dead, according to Westminster detectives.

Westminster criminal attorney Michael L. Guisti explains regardless of the situation the charge of murder is always serious, however domestic violence charges can complicate the situation.

You must remember they're two sides to every story and things aren't always so clear in these cases, and a defense in this situation could possibly be maybe the apparently victim was coming after him in a very harmful matter and this was a method for the suspect to defend himself, explains Guisti.

A professional domestic violence defense attorney knows there is always a good chance there were more issues at hand than what may appear, and, as Guisti goes on to say, we think of woman as always being the victims of this crime, but they're many men who are victims of domestic violence.

They've been many stories where an abused woman "loses it" and harms or kills her boyfriend or husband, and perhaps that was the case here for the boyfriend, says Guisti.

Domestic violence is a very serious charge and if you're facing domestic violence charges you need to call the Orange County domestic violence attorney experts right away at the Law Offices of Michael L. Guisti at 888-478-8999.

Our expert attorneys have well over a decade of successful experience winning even the most serious domestic violence cases in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Laguna Beach, Orange County - Police in Laguna Beach responded to a possible domestic violence situation along Pacific Coast Highway on reports that a man was hitting a girl inside a car this past weekend, according to media reports.

It's unclear if anybody was arrested or what was precisely was the situation.

Assuming this was a case of domestic violence, says Irvine criminal attorney Michael L. Guisti, it's likely the suspect will face charges of corporal injury on a spouse.

It's important to understand, says Guisti, that a spouse in this case could be a husband, wife, boyfriend, girlfriend, domestic partner, the other parent to your child, or even a person you once had a relationship with.

There must be three things to prove you committed this crime, that, you inflicted corporal injury, that you willfully caused and inflicted the injury, and that the injury resulted in a "traumatic condition," says Guisti.

It's very important to note, Guisti stresses, that traumatic condition is a bodily injury and it doesn't matter how minor or severe the injury is, but only that it's visible.

Corporal injury on a spouse can be charged either as a felony or misdemeanor, which is why it's important to have an attorney who can work to reduce serious charges, says Guisti.

Even if there weren't any visible injuries the victim could charge emotional distress, which means the suspect could possibly be charged with making criminal threats or assault, according to Guisti.

It's very important to know and understand that if the victim changes their story, refuses to cooperate with police, or just doesn't show up to court you can still be charged and tired for this crime, according to Guisti.

Domestic violence is taken very serious by law enforcement and the district attorney as those agencies have their own specialized units in deal with domestic violence, which is why it's very important to to contact the Orange County domestic violence attorney specialists at the Law Offices of Michael L. Guisti right now at 888-478-8999 if you've been accused of this crime.

We have over a decade of experience in successfully defending our clients accused of domestic violence charges that include having charges dismissed, reduced or found not guilty, which is why you need to call us now.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Irvine, Orange County - A girl was reportedly taken from The Shops at Mission Viejo "kicking and screaming" last Sunday, according to the Orange County Sheriff's Department.

The incident reportedly happened around 4 p.m. when the sheriffs' received a call of a girl screaming she wants her parents after allegedly being taken by an unknown man and woman, according to authorities.

Irvine criminal attorney Michael L. Guisti says they're still a lot of unknown questions to this incident, such as if the man and woman who allegedly took the girl knew the girl, or even if this was an arranged pick up the girl wasn't happy with.

Now let's assume this is the worse, says Guisti, the man and woman involved could easily face kidnapping and/or false imprisonment charges.

As a side note, Guisti says, kidnapping and false imprisonment charges are very common in domestic violence situations and it's certainly possible this incident in Mission Viejo could've been apart of a larger domestic violence situation.

Many people understandably think kidnapping and false imprisonment are the same thing, but they're very different charges, says Guisti.

Kidnapping is defined by Penal Code (PC) 207 as the use of force or fear to take a person and move that person a "substantial distance," while false imprisonment under PC 236 is the unlawful detaining of a person on the street, or forcing a person to move from one place to another, says Guisti.

Basically, if you unlawfully restrict somebody's personal freedom and movement for any amount of time, no matter how long or little, you can potentially be charged with false imprisonment, according to Guisti.

The main difference between the two crimes is the distance one is moved, says Guisti, and if you unlawfully move a person a significant distance it's generally charged as a kidnapping.

Typically to warrant kidnapping charges the move has to be significant, however the suspect could still be charged with kidnapping if the suspect moved the victim a slight distant and that slight movement increased the risk of harm, gave the suspect a better opportunity to commit additional crimes, or decreased the likelihood of being caught, according to Guisti.

A reason many suspects are charged with both kidnapping and false imprisonment charges is, for example, when a suspect moved somebody a significant distance once at the location the suspect restricted the person's personal movement and freedom, says Guisti.

If it's a case where a suspect kidnaps somebody, drives a significant distant and drops the person off and takes off, then false imprisonment charges shouldn't be filed, according to Guisti.

Where the line is drawn on what constitutes kidnapping and false imprisonment is not always very clear, which is why if you're facing such charges it's very important to contact the Orange County domestic violence attorney experts at the Law Offices of Michael L. Guisti right now at 888-478-8999.

Our Orange County criminal defense law firm has over a decade of experience successfully defending our clients against charges of kidnapping and false imprisonment in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

From the moment you first meet with us we prepare a successful defense to get your charges dismissed, reduced or even found not guilty, because our goal is to win for you, and we never, ever settle for anything less.

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- Fullerton authorities are looking for a man accused of a sexual battery crime near Fullerton College last month.

Police say the suspect, who is believed to be a Fullerton College student, reached under the victim's skirt and forcefully grabbed her buttocks and genital area.

Fullerton criminal attorney Michael L. Guisti says the crime of sexual battery is when a person unlawfully touches another person for the purpose of sexual arousal, sexual gratification, or sexual abuse, and under Penal Code 243.4 this crime is a "wobbler," which means it can be charged either as a misdemeanor or felony.

How is crime was committed will make all the difference in whether this suspect is charged with a felony or misdemeanor, according to Guisti.

In most misdemeanor cases usually the "touch" occurs over the victim's clothing and in many of these cases it's made to appear "accidental," where as in most felony cases the "touch" is usually over the victim's bare body, says Guisti.

In this incident near Fullerton College the suspect will likely face felony sexual battery charges since he allegedly made an attempt to "touch" the victim's bare skin, according to Guisti.

If you or anybody you know are ever facing these charges, Guisti says, it's very important to contact a professional attorney who can work out a defense for you, because, even though it may not seem so, you do have defense options.

If convicted of felony sexual battery the suspect could face between two to four years in a state prison, up to a $10,000 fine, probation and having to register as a sex offender for life.

If you're facing sexual battery charges contact the Orange County sex crimes attorney experts at the Law Offices of Michael L. Guisti right away at 888-478-8999.

We'll work on a winning defense for you, and our record shows we have over a decade of successfully winning cases for our clients.

Santa Ana, Orange County - Santa Ana Police arrested a parolee accused of kidnapping his ex-girlfriend from a Santa Ana apartment and taking her to a home in Riverside County, where she was found unharmed.

Police received a call Monday evening from the victim's mother saying her daughter had been kidnapped and calls to her daughter were met with screams in the background.

Detectives later arrested Bobby August Jr. of felony kidnapping, felony false imprisonment and for having a parole warrant.

Santa Ana criminal attorney Michael L. Guisti says these are no doubt very serious charges and actually common in domestic violence cases, but one question often asked is, what's the difference between kidnapping and false imprisonment?

Kidnapping is defined by Penal Code (PC) 207 as the use of force or fear to take a person and move that person a "substantial distance," while false imprisonment under PC 236 is the unlawful detaining of a person on the street, or forcing a person to move from one place to another, says Guisti.

Basically, if you restrict somebody's personal freedom and movement you can potentially be charged with false imprisonment, according to Guisti.

The main difference between the two crimes is the distance one is moved, says Guisti, and if you unlawfully move a person a significant distance it's generally charged as a kidnapping.

Typically to warrant kidnapping charges the move has to be significant, however the suspect could still be charged with kidnapping if the suspect moved the victim a slight distant and that slight movement increased the risk of harm, gave the suspect a better opportunity to commit additional crimes, or decreased the likelihood of being caught, according to Guisti.

The reason the suspect in this case is being charged with kidnapping and false imprisonment is the suspect allegedly used force and fear to move the victim a substantial distance from Santa Ana to Riverside County, and once in Riverside County the suspect allegedly restricted the movement of the victim, says Guisti.

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

Now that you know a little about these laws it's time to call us and find out what your defense options are.

Don't waste time, call us right now.

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.

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.

City of Orange, Orange County - On Saturday evening a fight among seven people broke out inside a SUV that was pulled over on the 55 Freeway at Lincoln Avenue in the city of Orange, according to Orange Police.

When it was all over two people had to be taken to the hospital after being stabbed, according to police.

Police say it's unclear what started the fight and are still investigating.

Santa Ana criminal attorney Michael L. Guisti says it's very likely the suspect or suspects who allegedly stabbed the victims will likely face an assault with a deadly weapon charge.

Many people who find themselves under arrest for something like domestic violence or maybe a fight at a bar are often surprised when they're charged with assault with a deadly weapon, according to Guisti, because in the course of the crime somebody may have threatened to harm somebody with an object.

A lot of people think assault with a deadly weapon must involve a gun or knife, but any object used in a threatening matter that can result in injury qualifies as a deadly weapon, according to Guisti.

Guisti says using a gun in this case brings on separate charges.

Santa Ana criminal defense lawyer Guisti says it's very important to understand for you to be charged with this crime you don't actually have to assault somebody with a deadly weapon, only that you had the ability to, which is why this is a common charge in domestic violence cases and fights.

In addition to this crime it's possible to you can also face criminal threat charges, according to Guisti.

Assault with a deadly weapon is a "wobbler," which means it can be charged either as a misdemeanor or felony, according to Guisti.

Being convicted of assault with a deadly weapon can land you behind state prison bars for many years, which is why if you're facing this charge you must call the Law Offices of Michael L. Guisti right away at 714-530-9690 so we can get you the best possible outcome and you can go on with your life.

Burbank, Los Angeles County - A family of four is accused of shoplifting from a Sears in Burbank this week, according to police reports.

The family, which includes a mother, father and two teenagers, reportedly shoplifted goods worth $550, according to police.

Fullerton criminal attorney Michael L. Guisti explains at the least the family members are going to face petty theft charges as the value of the goods allegedly shoplifted was under $950 where as grand theft charges are when a suspect shoplifts items valued over $950, but depending what the family members tell police they could face commercial burglary charges.

A lot of people understandably think shoplifting and burglary are the same thing, according to Guisti, but they're separate crimes with separate punishments.

Fullerton criminal defense lawyer Guisti explains that burglary is when you planned to enter a building to commit a felony or petty theft, where as shoplifting is unlawfully taking items once inside.

Now it's very possible one of these family members told police investigators they talked about maybe doing this at Sears before entering the store, which the investigator can construct as burglary since the family planned to commit a crime before entering the store, according to Guisti.

In many shoplifting cases the suspect didn't even think about committing any crime before entering the store, rather an opportunity presented itself and on impulse the suspect took advantage of it, according to Guisti.

Guisti goes on to say that what happens in many shoplifting cases is police will ask the shoplifting suspect a seemingly innocent question like, "Did you think about doing this before you came in here," and the suspect, just being scared or simply not knowing what to say, may just say "yes" in wanting to get through this process as quick as possible. Answering "yes" to that question now invites the more serious burglary charge, according to Guisti.

Since minors were involved it's possible, depending on the details of the case, some kind of child abuse, child endangerment or even domestic violence charges may arise, according to Guisti.

If you're facing shoplifting charges or any kind of theft crime charges call the Law Offices of Michael L. Guisti right away at 888-478-8999 so we can make sure you're not facing incorrect additional charges and help you get on with your life.

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

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

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

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

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

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

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

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

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

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

This charge is a misdemeanor, according to Guisti.

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