Orange County Criminal Lawyer Blog

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.

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.

Santa Ana, Orange County - The actor who played the shoe-throwing bad guy in the 1997 film "Austin Powers: International Man of Mystery" goes on trial this week in Santa Ana for the kidnapping and sexual assault of a Huntington Beach woman in 1990.

Joseph Hyungmin Son was arrested in 2008 for violating his probation in an unrelated vandalism case when, under Proposition 69 that compels those convicted of felonies or misdemeanors to provide a sample of their DNA, his DNA reportedly was matched to the rape of a 20-year-old woman who was abducted off the street by two men on Christmas Eve 1990.

The victim was walking through a neighborhood in Huntington Beach when the suspects allegedly kidnapped her, repeatedly sexually assaulted her and left her naked body on a sidewalk in Compton.

Investigators say Santiago Gaitan, 40, was with Son and helped commit this crime. Gaitan was arrested in 2009 and pleaded guilty to sex crimes in January 2011.

Son initially was charged with multiple sexual assault and kidnapping counts, plus penalty enhancements for kidnapping, gun use and great bodily injury to a sexual assault victim, but since the statute of limitations expired he now faces two charges, conspiracy to commit murder and torture.

Santa Ana criminal attorney Guisti explains even though Son's initial charges were reduced these are still very charges that could send the suspect to prison for life.

Guisti stresses that that even though conspiracy to commit murder is covered under California's conspiracy laws under Penal Code (PC) 182 Son could face punishment equivalent to first-degree murder, because conspiracy to commit murder is considered to be equivalent to deliberation and premeditation of murder.

Santa Ana criminal lawyer Guisti explains conspiracy law is complex, but for a conspiracy charge to stand is there has to be an agreement between to or more people to commit a crime. In this case investigators allege Son and Gaitan agreed to murder the victim, according to Guisti.

Guisti says it's certainly possible in the course of the police and DA's investigation one of the suspects may have said unknowingly, under investigation pressure, implicitly or explicitly that they planned and agreed to murder the victim, and that is why Son is being charged with conspiracy to commit murder. A defense attorney could argue that Son never agreed with Gaitan to murder the victim and police and DA investigative interviews can be deconstructed to show there was perhaps a forced statement, according to Guisti.

Guisti explains that torture under PC 206 is when a suspect inflicts great bodily harm on another person with the specific intent to cause cruel or extreme pain. Guisti points out that even though the victim must suffer great bodily injury for there to be this charge, the crime of torture is more concerned with the intent of the suspect than the pain of the victim since is no requirement that the victim even suffer pain.

If you or somebody you know have found yourself facing such charges it's very important to contact our Orange County criminal attorney specialists at the Law Office of Michael L. Guisti right now at 714-530-9690. If you or somebody you know are facing such charges you cannot waste anytime getting the legal help you need.

Redlands, San Bernardino County - A Redlands man is under arrest for allegedly kidnapping a four-year-girl from an apartment complex and allegedly performing sex acts on the child.

The victim was playing outside her apartment and when her father couldn't find her he begin a vigorous search and after 30-minutes found his daughter in the suspect's apartment where both the alleged victim and suspect were reportedly naked.

Terence Anthony Giberson, 52, of Redlands, who police suspect kidnapped and committed sex acts with the girl was placed under arrest and taken to West Valley Detention Center.

Orange County criminal defense attorney Michael L. Guisti explains these are very serious charges this suspect is facing, child molestation and kidnapping, and he should try to get a professional defense lawyer, because he may face many years in prison.

Guisti explains kidnapping occurs when a suspects moves another person a substantial distance without that person's consent by using force or fear.

Though the law states the victim must be move a "substantial distance," there have been many court cases where moving the victim just a few feet qualifies as kidnapping, and those cases mostly include when weapons were involved or the suspect moves the victim a few feet and inflicts injury, according to Guisti. It appears the victim wasn't moved that far, but allegedly had injury inflicted upon her, according to Guisti.

Orange County sex crimes attorney Guisti explains it's possible the suspect could face charges of lewd acts on a minor under 14 under Penal Code (PC) 288, which states that the child was touched or fondled on a sexual organ, or that some overt act of child molestation took place.

Guisti explains for this charge prosecutors must show that the suspect willfully touched any part of a child's body or that the suspect willfully caused a child to touch his/her own body, their body, or another person's body with the intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires of suspect and/or the child.

Guisti goes on to say while PC 288 is actually a "wobbler," meaning it can be charged either as a felony or misdemeanor, Guisti says it's very likely the suspect will face felony charges as misdemeanor PC 288 is usually charged in connection with statutory rape.

Orange County attorney Guisti says if convicted the suspect faces several years in prison and will likely have to register as a sex offender for the rest of his life.

Depending what happens with the case it's possible the suspect could face other charges, according to Guisti.

If you or somebody you know are facing similar charges you must call the Orange County sex crime attorney specialists at the Law Office of Michael L. Guisti at 888-478-8999 so we can review your case and get you the best possible outcome.

Santa Ana, Orange County - From the Santa Ana courthouse on Wednesday a mistrial was declared in the assault and kidnapping trial of a Garden Grove woman linked to a white-supremacist gang after the jury was deadlocked.

Ruthie Christine Marshall, 42, was arrested as part of "Operation Stormfront," a multiagency crackdown of Orange County white-supremacy organizations.

Marshall along with three other defendants allegedly kidnapped and assaulted a man in 2010 as revenge after he allegedly borrowed Marshall's car without her permission

The Orange County District Attorney has announced they will retry the case.

Santa Ana criminal defense attorney Michael L. Guisti explains kidnapping occurs when a suspects moves another person a substantial distance without that person's consent by using force or fear.

Though the law states the victim must be move a "substantial distance," there have been many court cases where moving the victim just a few feet qualifies as kidnapping, and those cases mostly include when weapons were involved or the suspect moves the victim a few feet and inflicts injury, according to Guisti.

Santa Ana criminal defense lawyer Guisti explains with "simple kidnapping" you could be sentenced up to eight years in prison while "aggravated kidnapping" could send you to prison for life.

If you or somebody you know are facing kidnapping charges you must call the Santa Ana Law Offices of Michael L. Guisti right now at 714-530-9690, because this is a felony charge that could sentence you to prison for a long time.

San Bernardino County, California - Orange county sex crime attorney and Los Angeles criminal attorney, Michael Guisti, recently commented on a California sex crime case regarding a recent review of the case on sexual assault, rape and kidnapping.

Jorge Luis Herrera, 28-years, of Hemet was arrested, jailed and charged last month for abducting, raping and stabbing a 17-years old girl according to authorities. The 17-year old girl was visiting family and friends when Herrera picked her up and offered a ride. Herrera took the girl to an unincorporated area of San Bernardino where the girl said he raped and stabbed her in his pickup truck.

Orange county assault and battery defense attorney and Los Angeles sex crime attorney states that Herrera could be facing two charges. He is most likely to face the charges for the sexual assault and the kidnapping.

According to the Newport Beach criminal defense attorney and Orange County criminal defense attorney that the laws defining California sexual assault also called sexual battery can be found in the California Penal Code 243.4 (e) (1) defines misdemeanor Sexual Battery as the non-consensual touching of the intimate part of another for (1) sexual arousal, (2) sexual gratification, or (3) sexual abuse. In California, Sexual battery can either be charged as a misdemeanor or a felony.

San Bernardino sex crime attorney and California criminal attorney Michael Guisti further discusses about the kidnapping charge. He explains that kidnapping can be found in the California Penal code 207. It states every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping. Herrera will face a long prison sentence and fines if he is found guilty of these charges.

Santa Ana felony defense lawyer also explains that since this charge is a wobbler, what you are charged with will be based on the facts of your case. It is important to hire a skilled Santa Ana sex crime defense attorney to help you defend your criminal charge.

Why is it so important to retain a skilled Santa Ana sex crimes defense attorney or an experienced Orange County criminal defense attorney to help you defend your criminal charges?

At the Law Office of Michael Guisti, we have had years of experience helping our clients defend their sex crime charges like child molestation, rape, and sexual battery. Our skilled Irvine criminal defense attorney has helped clients all over Southern California cities like Newport Beach, Huntington Beach, Santa Ana, Fullerton, Costa Mesa, Los Angeles County, Riverside and Beverly Hills.

If you or a loved one is being charged with a California sex crime charge or any other criminal charge like assault, battery, a California theft crime, possession of drugs, or if you being charged with a white collar crime and need a Newport Beach white collar crime defense attorney call our successful Orange County criminal defense lawyer today. Call our office at 1-888-478-8999 or visit our website at www.topcalifornialawyer.com. We're on your side!

Palm Desert, San Bernardino - Irvine violent crimes defense attorney Michael Guisti, recently commented on the charge of attempted murder.

September 1992, Jennifer Asbensen, then-19 years, was kidnapped, raped in Palm Springs and survived after escaping from the trunk of Andrew Urdiales car.

It started in September 1992 when Asbensen was waiting for a bus going to work. A Marine, Andrew Urdiales, pulled over and offered Asbensen a ride, she accepted. In the car, Urdiales asked for her number, refused many times but ultimately gave in.

Later that evening Urdiales discovered that she'd given him a wrong number and according to prosecutors was enough to spark the rage in which led Urdiales to kill four women prior to meeting Asbensen.

Urdiales confessed to kidnapping Asbensen and was convicted of attempted murder and killing three women in Illinois, where he is sentenced to die. Urdialis also admitted to killing five women in southern California.

The Newport Beach criminal defense attorney and Santa Ana criminal lawyer states that murder can be found in the California Penal code section 187 and defines murder as the unlawful killing of another.

The Santa Ana felony crime defense attorney goes on to state that Penal code section 664 states that is a person attempts to commit a crime; they shall serve half of the prison sentence of the fully committed crime. The punishments for murder are among of the most sever punishments given by the state of California. A person that is convicted of murder can face long prison sentences, fines, and even the death penalty.

Being convicted of murder is very serious. Since the punishments for murder is so serious it is important to retain an Orange County criminal defense attorney that has had experience representing clients in their murder and attempted murder cases.

Why is it so important to hire a successful Orange County criminal defense attorney or a skilled Irvine homicide defense attorney?

At the Law Offices of Michael Guisti we understand the severity of being convicted of murder or attempted murder. Our experienced Newport Beach criminal defense attorney has spent years representing clients not only in Orange County but in Los Angeles, Riverside, San Diego, and San Bernardino County as well. It is important to hire a skilled lawyer that will lead you through the confusing Orange County criminal process.

If you or a loved one is facing a misdemeanor or a felony charge like murder, attempted murder, sex crimes charge, domestic violence charge, theft crimes, drug crimes, assault, battery or a white collar crime such as grand theft, embezzlement or identity theft retain an aggressive Santa Ana criminal defense attorney today. Call our office at (714) 530-9690 or visit our website at www.topcalifornialawyer.com. You'll be glad you did.

Santa Ana, Orange County - Orange County felony defense attorney and California felony criminal lawyer at Law Offices of Michael Guisti got an emergency client's call for legal representation on his felony kidnapping, false imprisonment and robbery charge and possible assault with deadly weapon. The case is so serious that it is reported in the news on the Orange County register the next morning.

A young Vietnamese male of Stantan in his 20's was taken into custody on charges of kidnapping, false imprisonment and robbery. Le met with Orange County defense attorney Michael Guisti of law offices of Michael Guisti in Garden Grove for legal representation last week in Guisti's office. Le was joined, at Guisti's office by several supportive members of his family who brought him food. Mr. Guisti explained the law and legal options to the client and his family and arranged for Le's peaceful surrender in Guisti's office. The investigator's allowed Le to finish his meal and say goodbye to his family.

The alleged Orange County kidnapping and false imprisonment took place in several cities including Westminster, Garden Grove, Stanton and Fountain Valley. Le sought legal representation from the top Orange County criminal defense attorney, Michael Guisti, who arranged for the local deputies at the Orange County Sherriff's to come to his office for his client to surrender peacefully.

Le was booked into Orange County Central Men's Jail for suspicion of kidnapping, false imprisonment and robbery.

Under California criminal law, kidnapping is one of the most serious crimes. Under California Penal Code Section 207, kidnapping is defined as the use of force or fear to take a person and move them a substantial distance.

Under the California Three Strikes Law, if a person was convicted of kidnapping, it can be also a "strike," and if there are any other criminal charges in future, it can lead to significant enhancements to more serious sentencing.

In California, Kidnapping is a felony crime, if convicted, a person can be facing imprisonment from 10 year to life, depends on the seriousness of the crime. The punishment also includes restitution and substantial fines. If it causes the death of the victim, the defendant could be facing life in prison.

If one has been charged with kidnapping in California, the consequences of a conviction of the crime could be a life changing impact on one's life. It is imperative for you to seek the legal help from the experienced Orange County kidnapping attorney or California criminal attorney immediately. Kidnapping charges and related crimes can be very complex and difficult in legal systems, you should contact Law Offices of Michale Guisti immediately for legal help and advice to protect your rights.

How can an experienced California felony defense attorney help you in a kidnapping defense in Orange County, Santa Ana, Los Angeles ?

At Law Offices of Michael L. Guisti, our California criminal attorneys have many years of successful experience defending clients in felony crimes in both state and federal court, such as kidnapping, murder, attempted murder, appeals, assault with deadly weapon, drug crimes, domestic violence, fraud, grand theft, three strikes, sex crimes, robbery, burglary, etc.

If you have been arrested for kidnapping in Orange County, Los Angeles, San Bernardino, Riverside or Southern California area, contact the California criminal lawyers and Los Angeles felony crime attorney at Law Offices of Michael Guisti. Our California criminal defense attorney Michael Guisti has exceptional experience and knowledgeable in criminal law in felony and misdemeanor cases, the court systems and the legal system. He has also built intimate relationships with law enforcement, prosecutors, judges and law officials in Los Angeles and Southern California.

Our California felony crime defense attorneys understand the serious of there crimes and have successfully handled the cases in kidnapping crime and related charges such as kidnapping for rubbery, assault with deadly weapon, attempted murder, terrorist threat. Our Los Angeles criminal attorney knows how best to defend our clients and how to negotiate with the police and prosecutors and how to get your charges to the minimum or even to get some of the cases dismissed.

If you, or someone you love, has been arrested or charged with a kidnapping in Los Angeles, Riverside County, Orange County, San Bernardino County, or anywhere else in Southern California, you should retain the service of a skilled Santa Ana felony crime attorney immediately.

If you have been charged with a kidnapping, domestic violence, murder, felony assault and battery, assault with deadly weapon, drug crimes, sex crimes, white collar crimes, theft crimes, fraud, embezzlement in Orange County, Los Angeles, Riverside, San Bernardino, or any where in Southern California, it is important that you seek the services of a criminal defense attorney with extensive experience to protect your rights and freedom.

For more information about kidnapping case, felony crimes, fraud, grand theft, terrorist threat, domestic violence, murder, appeal, drug crimes, and to schedule your free consultation, contact skilled Orange County felony crime defense lawyer at the Law Offices of Michael Guisti.at 888-478-8999 or 714-530-9690

Westminster- Two off- duty police officers from Westminster have been arrested on the suspicion of carjacking, kidnapping and rape. The two suspects Anthony Orban and Jeff Jelinek attacked the victim at the restaurant she worked at. The woman who lives in San Bernardino County works at the Ontario Mills Mall. The night of the incident, the two suspects approached the victim when she was walking to her car. Orban forced himself into the car while Jelinek watched. Orban held the women at gunpoint and forced her to disrobe. He then brutally raped the victim. Orban then left, leaving his service weapon in the victim's car. Next Orban called the other suspect Jelinek picked him up and took him back to mall parking lot. There Orban called his wife to report the missing gun. When Orban left, the victim immediately called Fontana police to report the incident.

Ontario police questioned the two suspects about the missing guns, but their stories seemed suspicious to the police officers. As the two suspects were being interview, the police officers got a call about the rape. Orban and Jelinek were then identified as the suspects responsible for the rape. Orban is being held on suspicion of kidnapping, false imprisonment, rape, and carjacking.

Westminster police misconduct attorney Michael Guisti has had experience dealing with police misconduct cases and commented on this case. He states that under that United States Constitution, police must conduct themselves in a way that is reasonable and professional. Everyone in this country has the right to be treated fairly by local law enforcement. Orban is being charged with false imprisonment, which is an example of police misconduct. This can be found in the California Penal code 236 and it is defined as the unlawful violation of the personal liberty of another. Police misconduct also includes jail deaths and injuries, Wrongful death, No-warrant searches, and excessive force.

When police misconduct happens, the victim can feel intimidated by the police officer. They sometimes feel that since the police officer holds a position of authority, that they have no options. Its is important to hire an aggressive Irvine police misconduct attorney to help you fight for your rights.

Continue reading "Westminster Detective Arrested on Suspicion of Rape " »

Los Angeles - Los Angeles man Samuel Francisco was arrested for kidnapping and sexual assault. He is alleged to have sexually assaulted and kidnap the Los Angeles 13 year old girl that he met on MySpace. Francisco is to have allegedly lured the girl to come over to his apartment in Long Beach. The girl's parents reported her missing on Thursday. The mother was expecting her daughter to be coming out of school, but the girl never showed up.

Police found the victim at Francisco's apartment. She was distraught when they found her. Authorities think that Francisco might have done this before, because of the ease at which he accomplished the crime. He is being held on $50,000 bail. He is to be arraigned in Long Beach.

Orange county sex crime attorney and Los Angeles criminal attorney, Michael Guisti, recently commented on this case. He states that Francisco could be facing two charges. He is most likely to face the charges for the sexual assault and the kidnapping. The laws defining California sexual assault also called sexual battery can be found in the California Penal Code 243.4 (e) (1) defines misdemeanor Sexual Battery as the non-consensual touching of the intimate part of another for (1) sexual arousal, (2) sexual gratification, or (3) sexual abuse. In California, Sexual battery can either be charged as a misdemeanor or a felony.

Orange County criminal attorney Michael Guisti also goes on to talk about the kidnapping. He explains that kidnapping can be found in the California Penal code 207. It states every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping. Francisco will face a long prison sentence and fines if he is found guilty of these charges. If you or someone you care has been arrested for sex crimes, such as sexual assault, assault and battery, prostitution, pandering, pimping, child molestation or any type of violent crimes, you need to seek the legal help of an experienced Southern California criminal attorney immediately.

Continue reading "Los Angeles man arrested for Kidnapping and Sexual Assault" »

Santa Ana, Orange County - Serial Murder suspect Rodney James Alcala took the witness stand in his own defense stating that a 1978 episode of the 'Dating Game' affirms his argument that he owned a pair of earrings that were similar to the victims earrings. Alcala is defending himself against the five murder charges. He told the jury that a tape of the "Dating Game" shows him wearing the earrings similar to the earrings that the 12 year old murder victim Robin Samsoe may have been wearing when she was kidnapped and murdered in 1979.

Under California Penal Code 207(a) Every person who forcibly, or by any other means of installing fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person to another country, state, or into another part of the same country, is guilty of kidnapping.

Deputy District Attorney, Matt Murphy, states that Alcala kidnapped Samsoe while she was riding her bike to ballet lessons. Prosecution states that she was the driven to the foothill of Los Angeles where she was murdered. It is alleged that Alcala then kept her gold earrings as a trophy.

Her body was found 12 days later and Alcala was then charged with Samsoes's murder. Huntington Beach detectives found gold ball earrings from a storage locker that Alcala had been renting in Seattle after Samsoe was abducted. Marianne Connelly, Samsoe's mother, testified that she could identify the earrings because she had clipped the earrings to alter the way they looked.

Alcala insisted that he owned similar earrings and was wearing them when he appeared on the show "Dating Game". He claimed that he too had altered the earrings, because they appeared to feminine. He also states that was at Knott's Berry Farm asking about a job to photograph "Disco Night" at the same time Samsoe was riding her to ballet lessons in Huntington Beach.

Under the California Penal Code 208(a) Kidnapping is punishable by imprisonment in the state prison for three, five, or eight years(b) If the person kidnapped is under 14 years of age at the time of the commission of the crime, the kidnapping is punishable by imprisonment in the state prison for 5, 8, or 11 years. This subdivision is not applicable to the taking, detaining, or concealing, of a minor child by a biological parent, a natural father, as specified in Section 7611 of the Family Code, an adoptive parent, or a person who has been granted access to the minor child by a court order.(c) In all cases in which probation is granted, the court shall, except in unusual cases where the interests of justice would best be served by a lesser penalty, require as a condition of the probation that the person be confined in the county jail for 12 months. If you or your loved has been arrested or charged with kidnapping, murder or any other violent crimes in Orange County, Los Angeles, Newport Beach, Santa Ana, Huntington Beach, Irvine, Fullerton, Tustin, it is critical to obtain the legal service of an experienced Criminal Defense attorney immediately to protect your rights and freedom.

Continue reading "Murder Defendant: 'Dating Game' Proves Point " »

Newport Beach, Orange County - One Orange County man and four Los Angeles men were charged with armed robbery and assault with firearm for robbing the house of founder of Quick Loan Funding in Newport Beach. The robbers assaulted 9 people in the house during the home invasion and caused the serious injuries to the victims. The robbers have been arrested Tue night. Peter Paturzo, of Mission Viejo, and the 4 men from Los Angeles have been charged with the felony arm robbery and felony assault in the crime. A $1 million warrant has been issued for the arrest of two other robbers.

The suspects have been charged with felony conspiracy to commit robbery, felony kidnapping to commit robbery, felony first degree robbery in concert, and felony assault with a firearm. If they are convicted on all counts, they could be facing the sentencing of life in state prison.

Orange County - A man was charged with raping 18 years ago has been arrested.

He was arrested for kidnapping the 11 old girl and had imprisoned her for sex purpose for over 18 years. He's facing life in prison.

He had previous criminal record of kidnapping and raping a 25-year-old girl.

He was also charged with kidnapping for sexual purposes; forcible rape; and false imprisonment.

Orange County Register reports that two Riverside teenage girls who murdered a woman for using her car to go to an amusement park were convicted of first degree murder, kidnapping and carjacking on Monday.

Anna Salinas, 15, and Dayana Cordova, 16, murdered a young woman Arias in Oct, 2007 and both prosecuted as adults and had separate juries. The sentencing is set for Sept. 11.

Salinas, now 17, convicted of murder on Monday. The jury of eight-woman, four-man also convicted her of child abuse and gun use.

Salinas was 15 when murder happened, as a shooter, she could be sentenced to 53 years in prison.

The co-defendant, Cordova, could go to prison for life, without the possibility of parole, because a special circumstance allegation of murder during a carjacking was brought against her. Due to the fact that they are minor then, they didn't get death penalty.

The two teens killed the woman because they want to take her car to go to Knott's Berry Farm in Orange County.

The jury got so shocked and disturbed when they viewed the video of the girls who were left alone in an interview room at the sheriff's office. They laughed about the events of the killing and the shooting while they were eating burgers and drinking sodas .

The two teenagers will face life in prison when they get back to court for sentencing on September 11.

According to California Penal Code Section 190.2, "the penalty for a defendant who is guilty of the first degree murder is death penalty or life imprisonment without the possibility of parole if one or more of the following special circumstances has been found under Section 190.4 to be true":

(1) The murder was intentional and carried out for financial gain.
(2) The defendant was convicted of a first or second degree murder before.
(3) The murder was committed by a destructive device, and the defendant knew that his/her act would create a risk of death to another person.

Some violent crimes or felonies committed by a juvenile can be treated as an adult and the case will be filed in adult court. These kind of cases are usually considered as the most violent crimes or a case that a juvenile had a serious criminal history.

It's going to be the prosecutor and the judge's decision whether to file the juvenile case in adult court.or not. A quality work from a Juvenile criminal defense attorney can make the result vary significantly. Having an experienced juvenile defense attorney to work by your side can make the difference in the criminal defense process.

If you or your loved one has been arrested for murder, homicide or manslaughter, you should consult with an aggressive Southern California Criminal Defense attorney immediately.

Continue reading "Riverside Teens Convicted of Murder Face Life in Prison" »