Orange County Criminal Lawyer Blog

Orange County, California - Orange County felony crime defense attorney and Los Angeles felony defense attorneys have recently discussed about California felony crimes law on the internet regarding cases such as grand theft, burglary and carjacking charges in Orange County and Los Angeles.

The Santa Ana criminal attorney analyzed a case reported today on Orange County Register. Dominique Kyles, a 20-year-old male was arrested on July 3 for carjacking after being recognized by a police officer during a regular traffic stop. The officer recognizedKyles as the wanted suspect of a May carjacking case. According to the victim, Kyles held a gun at the victim's head and ordered him to step out of the car. Police tried to arrest Kyles afterwards but he managed to flee.

In California, carjacking is a serious felony Theft crime and it is severely punished by law. Under California Penal Code Section 215, a person convicted of carjacking will face imprisonment for between 3, 5 to 9 years.

If you or someone you love has been arrested for felony theft crimes, such as grand theft, embezzlement, carjacking, fraud, insurance fraud, medical fraud, burglary, it is imperative to retain an experienced California Theft crime attorney or Orange County theft crime defense lawyer immediately to protect your rights.

Moreover, use of firearms during carjacking will impose an additional one year sentence under California Penal Code Section 12022 (a)

(1). The following elements must be proved for a defendant to be charged withcarjacking:
1. Defendant took a car of another.
2. Defendant took the car from the immediate presence ofanother. In other words, the owner, driver or passenger were in the car or immediately near the car when defendant took it.
3.Defendant took the car against another's will with the intent to deprive possession.
4.Defendant used force or impose fear on the victim in order to prevent resistance. The use of violence is the major reason for serious punishment for carjacking.

Since the above elements are critical to establish a carjacking charge, an experienced Los Angeles criminal lawyer can rebut the elements and dismiss the charge. Our Orange County attorneys in the law offices of Michael L. Guisti are experts in handling carjacking cases. We will utilize every possible way to achieve the best result possible. Call us today at 714-530-9690 for a free consultation with our skilled California criminal lawyers.

La Habra, Orange County - Orange County criminal defense attorneys have handled many Arson cases, the news today regarding a school in La Habra was set on fire by arson still shocked our California criminal attorneys at our law firm. The news reported that a middle school in La Habra was set on fire and severely damaged on July 11th. The fire is suspected to be intentionally set when incendiary devices were found on the roof of the classroom building. The damage could cost the school district $1 million to repair. 900 students will have to use other classrooms when new semester begins. Fortunately, no student or staff were injured by the fire.

In California, Arson is a felony which is severely punished. Under California Penal Code Section 451, a person who intentionally sets a fire and causes great bodily injury can face up to 9 years imprisonment. If somebody is killed by the fire, the offender can be charged with murder and face up to life imprisonment. There are several factors can influence the severity of arson punishment: whether it causes injury, what kind of property the fire has damaged, and whether the arsonist does so intentionally or recklessly. For example, punishment is more sever if people get hurt by the fire. It is more severely punished if the structure is a dwelling where people regularly sleep in. Intentional arsonists face longer jail time than reckless arsonist or people accidentally cause fire. Generally, a person will not be criminally punished for burning down their own houses. But if the person does so to defraud insurance proceeds, their conducts count as a crime.

If you or anyone you know has been accused of arson, it is important to consult an experienced Santa Ana criminal attorney as soon as possible. Our Newport Beach criminal attorneys and Fullerton criminal defense lawyers at the Law Offices of Michael L. Guisti are experts in handling arson and have been very successful defended arson cases in Orange County, Los Angeles, San Diego, Riverside and San Bernardino counties. We will utilize every possible way to achieve the best result possible. Call us today at 714-530-9690 for a free consultation with our skilled California criminal lawyers.

Los Angeles, California - Los Angeles criminal defense attorneys and California criminal lawyers at our law firm noted a very tragic story in the news regarding involuntary manslaughter case happened on On July 9th. The accident occurred when a 9-year-old boy accidentally shot his 2-year-old brother. According to the police, the 9-year-old climbed into a closet and found a loaded gun. He took it out to play with it, and accidentally shot his younger brother. The 2-year-old was taken to the hospital immediately after being found, but died shortly after.

Involuntary Manslaughter is a form of homicide. A convicted defendant may face up to 4 years imprisonment and a maximum $ 10,000 fine. Under California Penal Code 192 (b), Involuntary Manslaughter is when someone is killed unlawfully but not amounting to a felony, or a death resulted by a lawful act but conducted in a dangerous and unlawful manner without due caution. For example, if a defendant purchased a gun legally, and they accidentally shot somebody because of negligent usage, they are criminally liable for involuntary manslaughter so long as their behavior results in death. When someone is charged with involuntary manslaughter, it is crutial to consult with an experienced mansalughter defense lawyer or murder crime defense attorney.

If they have malice, such as the intent to kill or reckless disregard for the potential high risks that caused the death, their conduct will amount to voluntary manslaughter or murder. On the other hand, infancy is a valid defense to criminal liability. In California, children under 7 years old will not be criminally liable because they are too young to understand that their behavior is wrongful. For children between 7 and 14, a prosecutor can argue against the infancy defense thus impose partial liability.

If you or anyone you know has been accused of involuntary manslaughter, murder, homicide, felony violent crimes, attempted murder, first degree murder, second degree murder or any type of felony charges, it is important to consult an experienced Los Angeles criminal attorney or Orange County defense lawyer as soon as possible.

Our attorneys in the Law Offices of Michael L. Guisti have handled hundreds of felony crime defense such as attempted murder, murder, homicide, criminal appeals, habeas corpus and involuntary manslaughter. Our Calfornia criminal attorneys defended clients throughout California, such as Orange County, Los Angeles, Riverside, San Diego, and San Bernardino, Santa Ana, Newport Beach, Fullerton, Huntington Beach, Tustin, Irvine, Beverly HIlls and any other cities in California. We will utilize every possible way to achieve the best result possible. Call us today at 714-530-9690 for a free consultation with our skilled Santa Ana criminal attorney or a California criminal defense attorneys.

Santa Ana criminal attorneys at our law firm were shocked toay at the news regarding a Santa Ana man killed his wife. Santa Ana man, Michael Eugene Upton, a 57 year old husbandhas been accused of murder for shooting his wife dead. Police said that it was a murder-suicide plot attributed to the couple's desperate financial difficulties. After shooting his wife, Mr. Upton took a large amount of Valium pills with the intent to commit suicide. His suicide attempt failed and he called 911 afterwards. If Mr. Upton is convicted, he will be facing a minimum sentence of life in prison without the possibility of parole.

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. 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.

Whether it is first degree murder, second degree murder, attempted murder, homicide or manslaughter, murder is the most serious crime, and it is severely punished by law. A conviction may destroy a person's whole life. It is significantly vital for a person facing a murder charge to retain a criminal attorney as soon as possible. In the Law Offices of Michael L. Guisti, we have a highly experienced attorney team to help you reach the best result possible. Our experienced criminal defense attorneys 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 California defense attorney and Santa ana felony defense attorneys have successfully defended clients in Orange County, Santa Ana, Westminster, Huntington Beach, Fullerton, Garden Grove, Costa Mesa, Tustin, Los Angeles, Long Beach, San Diego, Riverside and San Bernardino. If you or someone you love has been arrested or charged with any felony cases, call us today at 714-530-9690 for a free consultation with our skilled California criminal attorneys.

LAGUNA BEACH, Orange County - Orange County Register today reports another Laguna Beach Drug crime which caught the attention of our Southern California criminal attorneys.

A Laguna Beach boy, and a Fountain Valley man, Lam Dinh Nguyen, were arrested on Wed for drug crimes involving drug sale, drug transportation and drug possession of the ecstasy pills by trying to sell thousands of "ecstasy" pills to undercover police officer. They were arrested by the undercover officers in Garden Grove in a meeting for the drug sale, according to Laguna Beach Police.

Laguna Beach Police also found a related drug crime case in Santa Ana for illegally cultivate marijuana. There is a rise on drug crimes involving possession of the drug and drug sale in Laguna Beach recently. A pound of marijuana has been confiscated by the Laguna Beach police.

In California, Drug crimes are very serious crimes. It involves narcotics offenses such as drug procession, drug distribution, drug sales, drug manufacture, and controlled substances, such as cocaine, heroin, methamphetamine, meth, and marijuana.
Also the names of controlled substances including cocaine, heroin, meth, LSD, and MDMA or "ecstasy", and other prescription drugs.

If convicted, the penalties for the charges can be very severe. It can carry jail time or long term in state prison from 15 years to life, depending on the amount and the type of drug used and prior criminal records.

Most of the drug crime offenses are charged with california felony charges. For example, under California Health & Safety Code 11550: if a person is convicted of being under the Influence of a Controlled Substance, the punishment is a at least 90 days of jail, it is also applied to someone whi is intoxicated on narcotic, or if he doens't have a lawfully issued prescriptioneven.

Whatever the type of the drug crimes, whether it is a felony drug pocession or drug sales, it is all serious charges. If you or someone you know has been charged or arrested for drug related crimes, it is imperative to consult an experienced Orange County drug crime defense attorney. Our Laguna Beach drug defense attorney and Santa Ana drug crime attorney will use their experience and knowledge to fight for your drug crime charges. We will take every step the possible way to help you to minimize your charges or dismiss all your charges.

Under California law, possession of narcotics, recreational drugs or unauthorized prescription drugs is a serious crime in California. At Law Offices of Michael L. Guisti, our Newport Beach Drug Crime Defense attorneys have the experience, the skills and the knowledge in drug crime defense and have successfully represented hundreds of clients who have been charged with drug crimes in Orange County, Laguna Beach, Irvine, Newport Beach, Fullerton, Westminster, Costa Mesa, Huntington Beach, Garden Grove, Los Angeles, and other cities in Southern California.

If you or someone you love has been charged with a drug crime in Southern California, you need to contact an experienced Orange County drug crime defense attorney or Los Angeles criminal defense attorney at Law Offices of Michael Guisti immediately for a free consultation at 714-530-9690 or visit us at www.topcalifornialawyer.com

Santa Ana- Mel Wayne Campbell, a lawyer in Orange County and his wife and her brother were recently caught embezzling money from the car company KIA Motors America Inc The wife Cecile Nhung Campbell, an accountant who worked at Kia set up a fake corporation called U.S. Customs Service Detail. This company was meant to resemble the United States Customs Service. Cecile would make transfers from that account into a personal Wells Fargo Account. They all pleaded guilty to embezzlement. Cecile was faces 16 years in prison, her brother Long Ngo faces 12 years in prison, and Mel Campbell was sentenced to 4 years in prison. The trio stole around $889,000 from the car company.

Crimes like embezzlement, grand theft, identity theft, credit card theft, and Insurance fraud are considered white collar crimes. Embezzlement can be found in the California Penal Code 503. It states that embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted. Many times a charge of grand theft will come along with an embezzlement charge. Grand theft can also be found in the Penal Code under section 487. Grand theft has occurred when the amount of money or property stolen amounts to more than $400. These charges are considered felonies in California.

White Collar crime charges are very serious. The punishments include long prison sentences, fines, and restitutions. There can also be white collar crime enhancement added to the initial charges. It is important to hire a Newport Beach white collar crime defense attorney to help you defend your charge.

Continue reading "Orange County Family Caught in Embezzlement Scheme" »

Orange County-William Rudd of Fullerton was recently sentenced to six years in prison. It is alleged that Rudd worked for U.S. Agency for international development in Bangladesh. While he was in the county Rudd sexually abused a thirteen year old boy. The government believes that there were more victims. He sentenced to six years in prison and ordered to pay fifteen thousand dollars in restitution. He was charged with illicit sexual conduct in a foreign place.

Crimes like the one mentioned above are considered federal crimes. These crimes are usually more serious and are heard in the Federal Court System. Illicit sexual conduct in a foreign place can be found in the United States Code 18 U.S.C. 2423(c). It states any United States citizen or alien admitted for permanent residence that travels in foreign commerce, and engages in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both.

Federal crimes are amongst the more serious crimes. It is imperative to someone that is facing a federal crime to hire a skilled Orange County criminal defense attorney that has had experience representing clients in federal court.

Continue reading "Fullerton Resident Convicted of a Federal Crime" »

Anaheim- Kainat Syeda of Buena Park was a police cadet for the Anaheim Police Department at the lobby traffic window. It is alleged that Syeda would take money from individuals, give them their release forms but put "no sale" into the cash register. None of the money went to the City of Anaheim. She was finally discovered by another cadet. She faces 44 felonies two of them being falsification and concealment of public accounts and theft exceeding $150K.

In California crimes like the ones listed above are considered white collar crimes. These crimes are most common among employees. White Collar crimes include; identity theft, grand theft, embezzlement, credit card fraud and healthcare fraud. The charge of falsifying and concealment of public records can be found in the California Penal code section 424(a)(3). It states that each officer of this state, or of any county, city, town, or district of this state, and every other person charged with the receipt, safekeeping, transfer, or disbursement of public moneys, who knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the same is punishable by up to four years in prison, and is disqualified from holding any office in this state.

White Collar crimes are dealt with very seriously in Orange County. A felony is very serious and the punishments can change a person's whole life. Many times people that have been charged with a white collar crime also lose their professional license. It is important to hire an Orange County white collar crime defense attorney or a Newport Beach professional license defense attorney.

Continue reading "Anaheim Police Cadet Steals $225,000" »

Westminster, Orange County - Los Angeles resident, Lior Bitton, the owner of Pacific Diamonds & Gems Inc. in Los Angeles claims a 4 carat diamond worth $99,000 was stolen. A jewel courier that worked for his office was robbed in Westminster. It is alleged that he claimed $256,000 worth of diamonds was stolen along with the 4 carat diamond. After giving a police report Bitton then filed a claim for the diamond with his insurance company. Soon after the claim was filed, it was discovered by police that the diamond was actually getting appraised in Israel at the time of the robbery. Police state that his courier did in fact get robbed, however it is alleged that the four carat diamond was not among the items stolen.

In California, Crimes like insurance fraud is among a group of crimes called white collar crimes. These crimes also include grand theft, Medicare fraud, credit card fraud, and identity theft. Insurance fraud is defined in the California Penal Code section 550(a). It states that the making of fraudulent claims as knowingly present or cause to be presented any false or fraudulent claim for the payment of a loss or injury, including payment of a loss or injury under a contract of insurance. California White collar crimes like insurance fraud are usually charged as felonies.

Since white collar crimes are felonies, the punishments can be harsh and if convicted, the consequences can effect a person's life and future. The punishments include long prison sentences, fines, and restitution. It is important to hire an experienced Westminster criminal defense attorney or a skilled Irvine white collar crime defense attorney to help you defend these serious charges.

Continue reading "Los Angeles Jeweler Caught in Insurance Fraud and Grand Theft" »

Garden Grove, Orange County - Orange County man, Jose Najera Jr. of Garden Grove will face trial for allegedly murdering his parents. It is alleged that Najera had a plot to stab his parents and take their money from their savings. His high school friend Gerald Johnson was convicted of murder and sentenced to life in prison without parole. The two of them had planned to take Najera's parents money that they had taken out of their savings account in anticipation to Y2K. Najera left his parents window open so that Johnson could enter the house. After stabbings it is alleged that Najera called 911 and pretended he had no knowledge of the murders. DNA left at the scene tied him to the murders.

Murder is considered one of the most serious crimes in the State of California and the charge comes with serious punishments. Murder is defined in the California Penal Code section 187. It is the unlawful killing of another. There are two kinds of murder: first degree murder and second-degree murder. The individual fact of a person's case decides whether they are charged with either first or second degree murder. The punishments for first degree murder are death, life in prison without parole or a prison sentence of 25 years to life. The punishment for murder in the second degree is 15 years to life in prison.

Being convicted of first or second degree murder is a serious charge. The punishments for murder can change a person's whole life. It is imperative to a person's case that the hire an experienced Orange County criminal defense lawyer or a skilled Santa Ana murder defense attorney to help you defend your murder charge.

Continue reading "Garden Grove Man Faces Trial for Murder" »

Los Angeles, California - Los Angeles Detective Leonard Avalos of the LAPD is facing embezzlement and grand theft charges. It is alleged that Avalos was embezzling money that was meant to go to protect witnesses. Many witnesses will not testify unless they are given money from the city to move away after the trail. Avalos was supposed to give these city funds to the witness. However, Avalos could not produce any of the receipts that would prove he gave them the money. After the police questioned the witnesses, it was discovered that he had only given them some of the money and embezzled the rest. Is he is convicted he faces up to six years in prison.

Under California law, Crimes like grand theft, embezzlement, credit card fraud, health care fraud, and identity theft are considered white collar crimes . Grand theft usually can be charged as felony and can be defined in the California Penal Code, section 487. Grand theft has occurred when the money or property that has been taken amounts to more than $400. Embezzlement can also be found in the Penal code under section 503. It states that embezzlement has occurred when Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted. Both of these crimes are usually charged as felonies.

It is important to hire an experienced Newport Beach white collar crime defense attorney or Irvine embezzlement attorney if you are facing charges like grand theft or embezzlement. These crimes are considered felonies and can mean long prison sentences and restitution. It is imperative to hire a skilled Orange County theft crime attorney or a Los Angeles criminal lawyer to defend you.

Continue reading "Los Angeles Detective Faces Embezzlement and Grand Theft Charges" »

Orange County- Melissa Huckaby a former La Habra resident awaits trial for murder. It is alleged that Huckaby kidnapped, raped, and murdered an eight year old. The eight year old girl Sandra Cantu was a friend of her daughters. Her body was found in a suitcase in a pound a few miles from her house. Huckaby pleaded guilty to first degree murder and faces 25 years to life in prison without parole.

Murder is considered on of the most serious crimes in California. The punishments for murder are considered the harshest. Murder can be defined in the California Penal code section 187. It is the unlawful killing of another. There are to kinds of murder: first degree murder and second-degree murder. The individual fact of a person's case decides whether they are charged with first or second degree murder. The punishments for first degree murder are death, life in prison without parole or a prison sentence of 25 years to life. The punishment for murder in the second degree is 15 years to life in prison.

Since the punishments for murder are the harshest in our judicial system, it is imperative to a persons can to hire a highly qualified Orange County murder defense attorney to help them defend their murder charge.

Continue reading "Orange County Women Pleads Guilty to Murder" »

Anaheim- A Anaheim resident was arrested on suspicion of aggravated assault. Police was called out to the suspect's mother's house for a possible assault. When police arrived it is alleged that the suspect ran past the police with blood on him. Police pursued then man and later caught him. The mother was badly beaten and in critical condition.

In California aggravated assault is considered a violent crime. It can also be called assault with a deadly weapon. It can be defined in the California Penal code section 245 (a) (1). It states that assault with a deadly weapon has occurred when Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury. This crime is considered a felony. A person that is charged with assault with a deadly weapon could face up to four years in prison and a $10,000 fine.

A charge like assault with a deadly weapon can change a person whole life. It is imperative to hire an experienced Santa Ana criminal defense attorney when facing a crime like assault or battery.

Continue reading "Anaheim Resident Arrested for Assault" »

Newport Beach- Weston Kruger was convicted of killing a liquor store owner in Newport Beach. The Newport Beach liquor store owner Hao Huynh accused Kruger of stealing a pornographic magazine. Kruger went into the store to buy a pack of cigarettes when the store owner saw Kruger put an adult magazine inside his jacket. Huynh chased Kruger out the door to recover the magazine. Te two got into a fight and Kruger push Huynh to the ground causing him to hit his head on the ground. Huynh sustained a 4 inch crack on the back of the head, causing him to die the next day from brain injuries. Kruger was convicted of first degree murder.

First degree murder is a serious conviction in the State of California. Murder is defined in the California Penal code section 187. Murder is described as the unlawful killing of another. The punishments for murder are amongst the harshest in California. If a person is convicted of murder in the first degree punishments are death, life in prison without parole or a prison sentence of 25 years to life. The punishment for murder in the second degree is 15 years to life in prison. Whether you are charged with first degree murder or second degree murder depend on the facts of your individual case.

Being convicted of murder is very serious,. A conviction of murder means the loss of freedoms and sometimes your life. Having an experienced Newport Beach murder defense attorney is imperative to defending your case.

Continue reading "Newport Beach Man Convicted of Murder" »

Santa Ana, Orange County - Orange County man, Garnica Gutierrez was arrested for theft by stealing school equipment from an Orange County elementary school. The Santa Ana police were called to the school after the school's alarm went off. Police caught him trying to steal one of the school's computers. Police found computers, projectors, and other classroom equipment in the suspect's truck. Police also found stolen merchandise from another school. He will face commercial burglary charges.

In California burglary is broken up into two parts. The first kind of burglary is called first degree burglary. This is the harsher of the two types. The law can be found in the California Penal code section 459. First degree burglary occurs when a person enters any place where a person lives with the intent to commit a crime. This is considered a felony and can mean up to six years in jail. The second kind of burglary is second degree burglary or commercial burglary. This is most common with petty theft cases like shoplifting and is usually a misdemeanor.

In California burglary is considered a "wobbler". This means that the facts of your case will determine if it is a felony or a misdemeanor. It is important to hire a Santa Ana criminal defense attorney or an Orange County theft crime attorney if you are facing theft crime or commercial burglary charges. Our theft crimes attorneys have successful experience defending client in Grand theft, embezzlement, white collar crimes, fraud, health care fraud, medical fraud, credit card fraud, real estate fraud in Orange County, Newport Beach, Fullerton, Irvine, Huntington Beach, Tustin, Costa Mesa, Santa Ana, Los Angeles, Beverly Hills, Torrance, San Diego and throughouot Southern California.

Continue reading "Santa Ana Man Arrested for Theft and Commercial Burglary" »