Orange County Criminal Lawyer Blog

Santa Ana- Anthony Trujillo of Santa Ana led police in a pursuit. Police spotted the vehicle that Trujillo was divining and suspected it to be stolen. After running the plates they found that the car had been reported stolen in Los Angeles. Police tied to pull the car over, but Trujillo sent police on a pursuit instead. When police finally pulled him over, they discovered a loaded gun and a child in the back seat. He was arrested on possession of a firearm, evading police, unlawful taking of a vehicle and child endangerment.

In California crimes like grand theft auto, robbery, burglary, unlawful taking of a vehicle, larceny, and petty theft are considered theft crimes. The unlawful taking can be defined in the California Vehicle Code section 10851 (a). It states that Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing shall be punished by imprisonment in a county jail for not more than one year or in the state prison or by a fine of not more than five thousand dollars , or by both the fine and imprisonment.

In California the unlawful taking of a vehicle is considered a "wobbler". This means it could be charged as a felony or a misdemeanor. The facts of your individual case will determine which one you are charged with. It is imperative that a person facing this crime retain an experienced Santa Ana theft crimes defense attorney to defend you.

Continue reading "Santa Ana Gang Member Caught for Carrying a Concealed Weapon and Unlawful Taking of a Vehicle" »

Santa Ana, Orange County - Santa Ana police was called to a neighborhood in Santa Ana where a fight between two people was taking place. The victim was a juvenile and the suspect is alleged to be around 18 years old. Witnesses told police that the victim was running from the suspect. Eventual the suspect caught up to him and started to assault him. The victim sustained stab wounds. The fight is said to be gang related.

In California if it is suspected that the crime that was committed was for the benefit for a gang, the district attorney can decide to add one what is called a gang enhancement. The law that covers gang enhancements is defined in the California Penal code section 186.22. This law states that any person committed of a felony in California can have their sentenced enlarged if it was to benefit the gang. If you have committed a felony for the gang, you could face an additional 4 years of prison time. The main crime that was committed was assault with a deadly weapon. This charge is 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.

Assault with a deadly weapon is considered a felony in California. This means that a person convicted of assault with a deadly weapon can get up to four years in prison and have to pay a fine of up to $10,000. It is imperative to hire an experienced Santa Ana violent crimes defense attorney if facing a criminal charge like assault with a deadly weapon.

Continue reading "Santa Ana Juvenile Stabbed During Gang Fight " »

Santa Ana- Santa Ana police arrested a 15 year old boy for vandalism and possession of marijuana for sale. On Friday a store owner called the police complaining that someone was tagging on his wall. He told police were the boy was walking. He was spotted police officers that were in the area. When they searched him they found multiple bags of marijuana on him and a spray can, which matched the vandalism on the wall. He is being held at Juvenile Hall on the suspicion of vandalism, possession of marijuana for sale, and being affiliated with a gang.

In California, Juvenile crimes are dealt with much differently than adult crimes. In many cases the judge wants to keep the minor out of jail so punishments like community service are available. Possession of marijuana for sale is a fairly serious crime. It is considered much more serious than just possession of marijuana for personal use. It can be found in the California Health and safety code section 11360. It states that any person who either transports or sales marijuana is guilty of a felony. In this case there is also the charge of a vandalism .This charge can be found in the California Penal Code section 594. It says anyone who has graffiti another's property is guilty of vandalism. Depending on how much the damage amounts to will determine if it gets charged and a misdemeanor or felony. The minor may also face additional charges because he is in a gang. In California if it is found by the court the crime was committed for a gang there could be a gang enhancement that will be added to the sentence.

Since there is a chance the minor facing the charges is able to serve a community service sentence rather than a jail sentence, it is important to hire a Santa Ana juvenile crimes defense attorney to help you in defending the charges.

Continue reading "Santa Ana Teen Arrested for Selling Marijuana and Vandalism" »

Santa Ana- On Thursday March 18, 2010, a local had her car stolen from a church parking lot. The woman alleges that she went in to church to get her husband who was inside. She left the car running as she went inside of the church. Right before a man had helped the women jump her car because the battery had died. The man that had been helping her, notice two men jump in the running car and drive away. The both of them then chased after the two men and dialed 911. The police found the suspects and tried to pull them over. The suspects refused to stop and lead police in a chase that took them from Santa Ana to Fountain Valley.

The grand theft auto suspects suddenly ran the car into a wall and jumped out to run. Fountain Valley police let go of the police K-9 to catch the suspects. The suspects were finally apprehended by police. The suspects Fernando Balderas and Isai were arrested on the suspicion of grand theft auto, possession of a stolen vehicle, and Balderas was arrested for driving with a suspend license. They are also believed to be members of a gang.

Southern California grand theft auto defense attorney, Michael Guisti, recently read this article and comments on it. He stated that grand theft auto is a very serious offense in California. He goes on to say that is usually means long prison sentences. Grand theft auto is defined in the California Vehicle code 10851(a). It is defined as the taking of another person's vehicle without the consent of the owner to either presently or temporarily deprives them of the vehicle. Grand theft auto is considered a "wobbler" in California. It depends if you were taking it permanently or temporarily. This means that it can be charged as a felony or a misdemeanor. Orange and Los Angeles criminal defense attorney Michael Guisti goes on to say that they could also have a gang enchantment added on if the police discover that they were staling the car for the benefit for the gang.

Continue reading "Santa Ana Gang Members Commit Grand Theft Auto" »

Garden Grove, Orange County - Garden Grove gang member, Ivan Garcia, was found guilty of shooting a Garden Grove resident outside of his home. Garcia was convicted of attempted murder and street terrorism, with penalty enhancements for gang activity. He is also convicted of unlawful firearm. He faces up to 40 years in prison.

The victim, David Pulga, was close to his Orange County Garden Grove home when he was shot several times by two gang members in Garden Grove. His wife reported to the Garden Grove police. From this injury he suffers memory loss, physical control and no longer has basic motor skills. The DNA evidence retrieved helped police find the Orange County attempted murder suspect, Ivan Garcia. Garden Grove police also found second gang member linked to this attempted murder case by the tagging. Cesar Mina also known as "Sleepy" has been tied to the shooting.

According to Orange County criminal attorney Michael Guisti, who has successfully handled many high profile felony crime cases, murder crime defense and attempted murder cases, states that "attempted murder" can be found under the California Penal code 187 which defines murder as the unlawful killing of a human being. The punishments for murder are the most severe among all other crimes, and it is the most aggressively prosecuted crime. The punishments for murder crimes, such as attempted murder, first degree murder, second degree murder, homicide and manslaughter, are very harsh, it could carry very long term prison sentences, the death penalty and heavy fines. The consequences could impact a person's entire life.

Orange County criminal defense attorney also explains that a person committed a murder or any other crime as part of a gang could also face gang enhancements. An enhancement is defined under California Penal code 186.22. This law states that any person committed of a felony in California can have their sentenced enlarged if it was to benefit the gang. If you have committed a felony for the gang, you could face an additional 4 years of prison time.

Making the right decision for hiring the most qualified criminal defense attorney for your case is the most important decision in the whole legal process. Southern California murder crime defense attorney at Law Offices of Michael Guisti have handled hundreds of felony cases in Orange County and Los Angeles. Attorney Michael Guisti has not only has the exceptional knowledge in California criminal law, federal law and extensive experience with Orange County court systems, Los Angeles court, San Bernardino courts, Riverside courts, San Diego courts. Our Los Angeles felony crime defense attorneys are experienced in felony criminal defense in areas such as: murder, attempted murder, three strikes, sex crimes, domestic violence, assault and battery, federal cases, felony drug cases, white collar crimes, felony fraud cases, grand theft cases, etc. Los Angeles and Orange County murder defense lawyers at Law Offices of Michael Guisti has also had experience defending clients that have been charged with gang related offenses.

Continue reading "Garden Grove Gang Member convicted of attempted murder " »

Santa Ana, Orange County - A gang member, of Santa Ana, was convicted of felony Assault with Deadly weapon for attacking a grandmother with a firearm during home invasion robbery. He'll be sentenced at West Justice Center in Westminster court.

He was also convicted of felony aggravated assault and battery with firearm causing great bodily injury, assault with a firearm, felony first degree robbery, felony false imprisonment by violence, and felony first degree residential burglary, elder abuse, street terrorism, and sentencing enhancements for criminal street gang activity.

Carlos Martinez, entered a Santa Ana home and assault the grandmother and mother with firearm. He was charged with prior strike for robbery. He is facing two life terms in prison.

LA HABRA, Orange County - An Orange County teen relating to a gang was arrested with search warrant and arrest warrant Thursday for attempted murder. He was trying to stab a student at Sonora High school last week. Besides the charge of attempted murder, he could also face gang enhancement. The victim was taken to UC Irvine Medical Center and his injury is not life-threatening.

The teen was taken to Orange County Juvenile Hall for Juvenile crimes. The gang enhancements involve crimes committed for the benefit of a gang. And the penalties can be very serious.

Murder crime with gang enhancement charges are one of the most prosecuted crimes by the district attorneys. Under California penal code section 186.22, gang enhancement requires prosecutor to prove the crime is charged as a felony which is committed for the benefit of the gang. Gang crime enhancement can carry severe punishment if it is convicted.

According to California Penal Code Section 664 and PC 187, Attempted Murder defines as intentionally and deliberately acting to commit murder of another person. Attempted murder under the PC 664 that a person proactively takes steps towards committing the murder.

If you have been charged with violent crimes, such as attempted murder, murder, gang enhancement crime, you need to seek legal help from an experienced Orange County criminal defense attorney immediately.

Our criminal lawyers are experienced and knowledable in California criminal defense. We represent clients in : Orange County (including Santa Ana, Fullerton, Newport Beach, Westminster, Irvine, Tusin, Laguna Niguel and Huntington Beach, etc) , Los Angeles and San Diego, San Bernardino and Riverside.

Continue reading "Orange County Juvenile Gang Faces Attempted Murder Charge" »