Orange County Criminal Lawyer Blog

San Clemente, Orange County - Three men have been arrested for attempted murder following a fight in San Clemente last Friday.

Witnesses says they saw up to 12 people fighting in a parking lot, and the Orange County Sheriff's Department says it's unclear what started the fight.

One teenager was taken to the hospital after being hit in the head with a brick, according to sheriff investigators.

That victim's father lives nearby and was awakened when he heard his son being beaten, which he went outside and intervened throwing the suspects off his son and taking his son back to his house, according to sheriff detectives.

For there to be attempted murder charges there has to be two elements, that the suspects took at least one "direct step" towards killing another person, and that they intended to kill that person, explains Irvine criminal attorney Michael L. Guisti.

In this case the direct step would likely be using the brick to kill the suspect, but the victim's father stepped in preventing his son from being killed, says Guisti.

Now the second element of attempted murder is the intent to kill, which can be difficult to prove, according to Guisti.

Chances are somebody in this large group told detectives that there was a plan or intent to kill this victim, which is likely why the three suspects are being charged with attempted murder and not assault and battery, says Guisti.

One of the things detectives, prosecutors and criminal defense attorneys look at is where on the body the victim was attacked with the weapon, and if the victim was attacked in a non-vital area of the body it can be argued the suspect was only intending to injure the victim, explains Guisti.

As well this is one of these crimes where what you say to detectives could be constructed as attempted murder even if that wasn't the case at all, which is why it's always best to invoke your right to remain silent until your defense attorney is present, says Guisti.

As one would expect attempted murder is a very serious felony charge and if convicted the suspects could face life in prison, says Guisti.

If you're facing attempted murder charges you need to call the Orange County murder attorney experts right now at the Law Offices of Michael L. Guisti.

This is a charge that could send you to prison for the rest of your life, but our Orange County criminal attorney experts have over a decade of experience successfully reducing and even dismissing charges of attempted murder in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Your life is on the line, so please, call us now.

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.

Irvine, Orange County - Doctor Conrad Murray was found guilty of involuntary manslaughter in the death of Michael Jackson and since the announcement of the verdict there has been some curiously as to what is involuntary manslaughter.

Irvine criminal attorney Michael L. Guisti explains under Penal Code 192(b) involuntary manslaughter is an unlawful killing that takes place during an unlawful act that isn't a felony, and/or a lawful act that involves a high risk of death that is committed without caution.

Involuntary manslaughter is always charged as a felony.

In the case of Murray within the professional medical community he gave an unusually large amount of propofol to Jackson outside a hospital setting, however with Murray being a doctor it was a lawful to give Jackson the drug, but Murray should've known that giving so much propofol to a patient involves a high risk of death, according to Guisti.

The Los Angeles District Attorney based its involuntary manslaughter case, and successfully proved to the jury, that Murray being a professional licensed medical doctor should've known providing his client, Michael Jackson, with a large dose of propofol beyond what is recommended involved a high risk of death, says Guisti.

Further helping the prosecution's case were many doctors and medical experts who told the jury that they never heard of propofol being administered outside a hospital setting nor have they ever heard of so much propofol being given to any patient, says Guisti.

Murray administered the drug to Jackson at Jackson's home in Los Angeles.

Fans of Jackson have wondered why Murray wasn't charged with murder.

The difference between involuntary manslaughter and murder is involuntary manslaughter is basically an accident, despite knowing or reasonable knowing your actions involved a high risk of death, and you didn't mean nor intend to kill the person, says Guisti.

Murder, Guisti goes on to say, is the unlawful killing of with malice aforethought and basically you planned and wanted to kill the person.

Murray didn't mean or intend to kill Jackson when he administrated the propofol to the pop star, and the LAPD's and DA's investigation shows Murray never had any intention on planning on killing Jackson, say Guisti, and so that's why he was charged with involuntary manslaughter.

If you're facing manslaughter charges you must call the Orange County murder attorney experts at the Law Offices of Michael L. Guisti right away at 888-478-8999 so we can prepare a winning case for you.

Los Angeles - Doctor Conrad Murray was found guilty of involuntary manslaughter in the death of Michael Jackson on Monday.

Murray was ordered into custody until his sentencing hearing on November 29.

Irvine criminal attorney Michael L. Guisti explains that Murray could face a maximum of four years in state prison, but it's unlikely he'll serve such a period of time.

In determining Murray's sentencing, Guisti goes on to say, the judge is going to have to consider the extent of the crime itself, and in this case it was administering a major drug that should only be used in a professional medical setting since it could be fatal. Furthermore the judge is going to have to consider Murray's criminal record, which Murray lacks, according to Guisti.

If a prison sentence is imposed you have to remember California has a prison overcrowding problem that the Supreme Court had to get involved with, and prison officials will realistically come to the conclusion that Murray isn't a threat to the community and he'll probably just be in prison for a very short time, if at all, says Guisti.

The big issue for Murray following Monday's "guilty" verdict will be his medical license being revoked, says Guisti.

It's also possible Michael Jackson's family will sue Murray in civil court, says Guisti.

If you have a professional license, says Guisti, even misdemeanor cases against you could cause your license to be revoked, which is why it's very important to have a professional defense attorney by your side if you're being accused of a crime.

The crime of involuntary manslaughter is when a person commits an unlawful act that isn't a felony, like giving hospital drugs to a patient in a outside of a hospital, that causes a person to die, says Guisti.

If you're facing involuntary manslaughter charges call the Orange County manslaughter attorney experts at the Law Offices of Michael L. Guisti right away at 888-478-8999.

Seal Beach, Orange County - The suspect in the Seal Beach salon massacre was charged Friday with eight counts of murder and one count of attempted murder by the Orange County District Attorney.

Last Wednesday afternoon suspect Scott Dekraai of Huntington Beach allegedly went on a shooting rampage, which authorities attribute to a bitter custody dispute between Dekraai and his ex-wife, Michelle Marie Fournier, 48, who was one of the victims.

People who know Dekraai claim the shooting could have also been the result of post traumatic stress disorder after Dekraai witnessed his shipmate killed in a boating accident in 2007. That accident also left Dekraai injured to the point where he had to go on disability.

The Seal Beach salon shooting is the deadliest mass-shooting in Orange County history.

Irvine criminal attorney Michael L. Guisti says given the circumstances and high-profile nature of this case the suspect's best option may be to use the insanity defense.

To be found not guilty by reason of insanity Dekraai's criminal defense lawyers are going to have to prove either, Dekraai didn't understand the nature of his actions, or the suspect couldn't distinguish between right and wrong at the time of the crime, according to Guisti,

Guisti stresses that being found not guilty by reason of insanity is not a "get out of jail free card," rather the judge will sentence the defendant to a state medical facility until the defendant is found sane by a judge. When a defendant is found sane by a judge could take many years, and in many cases the defendant spends the rest of life at the medical facility, according to Guisti.

Prior to the Seal Beach incident the deadliest mass-shooting in Orange County history was in 1976 at Cal State Fullerton when custodian Edward Charles Allaway opened fire at the university's library killing seven people and injuring two people.

Guisti says in that case Allaway was found not guilty by reason of insanity and was ordered to Patton State Hospital in San Bernardino.

In 2003 a judge deny freeing Allaway claiming he still posed as a danger to society.

If you or somebody you know are facing murder charges, or any kind of criminal charges, it's very important to contact our Orange County murder attorney specialists at the Law Offices of Michael L. Guisti at 714-530-9690 so we can get you the best outcome and you can go on with your life.

Santa Ana, Orange County - An Irvine woman was in court Friday morning arranged on vehicular manslaughter with gross negligence charges as prosecutors allege she ran a red light while driving distracted and crashed into another car, killing the driver of that car.

Irvine criminal attorney Michael L. Guisti explains that under Penal Code (PC) 192(c) vehicular manslaughter is when you drive in an unlawful way, or if you drive in a lawful but dangerous way. Furthermore you can be charged with this crime if you staged an accident for insurance purposes and somebody was killed, and you'll probably also face insurance fraud charges, Guisti goes on to say.

Guisti explains if, for example, you're looking at your cell-phone or texting while driving and accidentally hit somebody and kill them you'll likely face this charge.

It's very important to have an attorney if you're facing this charge, Guisti explains, because it's a "wobbler," meaning it can be charged either as a misdemeanor or felony, and that can make the difference between something like a fine or a ten year in prison if convicted of felony vehicular manslaughter.

If you're facing vehicular manslaughter contact our Orange County vehicular manslaughter attorney specialists at the Law Offices of Michael L. Guisti at 888-478-8999 so we can give you the best defense in Orange County with the best outcome.

Los Angeles - This week the high-profile trial of Michael Jackson's personal physician Conrad Murray began at the Criminal Courts Building in Los Angeles where prosecutors allege Murray gave the King of Pop an overdose of Propofol that led to his death.

Murray is being charged with involuntary manslaughter as the L.A. District Attorney alleges criminal negligence on Murray's part since he administered such a large dose of the anesthetic as a sleep aid rather than its intended use where small amounts are used to help put people "under" for surgery.

Irvine criminal attorney Michael L. Guisti explains that criminal negligence in involuntary manslaughter means that the death was not the result of inattention or a downright mistake, but it was a reasonably foreseeable consequence.

In this case, the prosecution alleges, Murray knew or should have reasonably known, being a medical doctor, giving Jackson so much Propofol would result in dire consequences, says Guisti.

Under Penal Code 192 involuntary manslaughter is a felony and if convicted Murray could face up to four year in state prison and lose his medical license.

Even if Murray isn't found guilty it's possible he could still face issues retaining his professional license, says Guisti.

If you're facing involuntary manslaughter charges call the Orange County manslaughter attorney specialists at the Law Office of Michael L. Guisti at 888-478-8999 so you can have the best defense available with the best outcome possible.

Fullerton, Orange County - A 21-year-old Fullerton woman has accepted a plea deal for the death of her newborn son on Monday, in which she will not be charged with murder, but had to plead guilty to felony child abuse.

Yanira Bernice Valderrama concealed her pregnancy from her family and gave birth to the baby in the family's bathroom. It was there where she submerged the newborn in the toilet and soon after wrapped it in a t-shirt and left him in a garbage can in her bedroom where Valderrama's mother later discovered the newborn, according to the District Attorney.

Fullerton criminal attorney Michael L. Guisti says felony child abuse is a very serious charge, but compared to facing murder charges this is a fairly good deal and underscores the importance of having a experienced defense attorney.

The big thing here, Guisti goes on to say, is time in prison as murder charges can potentially lead to life in prison where as felony child abuse charges only carry a maximum of six-years in prison.

During the sentencing phase the judge is going to have to consider her past criminal history, so it's possible the judge may not give Valderrama the maximum sentence, says Guisti.

Guisti points out that child abuse under Penal Code (PC) 273d, which Valderrama pleaded guilty to, only deals with the physical abuse of a child and not any sexual abuse or emotional abuse of a child, and both of those are covered under separate PC sections.

Under PC 273d child abuse is a "wobbler" and can be charged either as a misdemeanor or felony.

If you're facing murder charges or child abuse charges this is very serious and you must contact the Law Offices of Michael L. Guisti Orange County child abuse attorney and Orange County murder attorney specialists at 888-478-8999 right now.

Our experienced Orange County lawyers will work to get you the best possible deal.

Santa Ana, Orange County - Two Fullerton Police officers were charged Wednesday in the beating death Kelly Thomas, a mentally disabled homeless man who frequented downtown Fullerton.

The Orange County District Attorney filed a second-degree murder charge against Fullerton police officer Manuel Ramos, who the DA alleges started the lethal beating of a homeless man with the words: "My fists... are getting ready to 'F' you up."

The DA's office also charged Fullerton police officer Jay Cicinelli with involuntary manslaughter and excessive use of force under the color of authority, alleging he joined the beating and tasered Thomas four times.

Santa Ana criminal attorney Michael L. Guisti explains that second-degree murder is basically willful, but is not deliberate and premeditated, where as first-degree murder is deliberate.

In this case the suspect officer wasn't planning nor intending to kill the victim, but the DA believes the officer's alleged excessive force allegedly led to the death of Thomas, says Guisti.

Now they're two defenses the suspect officer's defense team is probably going take, says Guisti. The first is the police officers were acting in self-defense and that Thomas posed a threat to their safety, and such action was necessary. The second is the death was an accident as a result of the self defense, according to Guisti.

Guisti explains if the police officer's defense attorneys can show Ramos had no criminal intent to do harm, wasn't acting negligently, and was otherwise engaging in lawful activity at the time of the killing, then that will serve as a proper, legal self-defense claim under California law.

If convicted Ramos could face between 15 years-to-life in prison.

If you or somebody you know are facing murder charges it's extraordinarily important you contact our Orange County murder/homicide attorney specialists at the Law Offices of Michael L. Guisti at 888-478-8999. We will review your case and get you the best possible outcome so you can move on with your life.

Santa Ana, Orange County - An Orange County woman has been arrested for attempted murder on suspicion of throwing her 7-month-old son from the fourth floor of a parking structure at Children's Hospital of Orange County, leaving him with major injuries, according to Orange Police.

[UPDATE: Wednesday: The infant has died and the Orange County District Attorney has said charges would be elevated to murder, which carries a possible penalty of 25 years to life in state prison.]

Orange Police report the mother has postpartum depression and was hospitalized in June for such depression.

It's reported that the suspect's criminal record shows no previous reports of child abuse, assault, battery or domestic violence.

Santa Ana criminal defense attorney Michael L. Guisti explains murder is always a very serious case, and given the suspect allegedly is suffering from depression it's possible the suspect could be found incompetent to stand trial.

Guisti explains that for somebody to be found incompetent to stand trial they must lack a rational understanding of the charges against them, an understanding of the proceedings of their trial, or the ability to participate in their own defense.

Santa Ana criminal lawyer Guisti stresses that if this suspect is found incompetent to stand trial it's not a "get out of jail free card," but rather the suspect would likely be sent to a secure state medical or psychiatric facility to receive treatment until she is able to stand trial.

Once the suspect is deemed competent to stand trial the court will proceed with its case, according to Guisti.

Guisti says it's possible the suspect's attorney may try to use the insanity defense.

Now the difference between being found incompetent to stand trial and an insanity plea, according to Guisti, is an insanity plea is when somebody claims they don't know the difference between right and wrong at the time they committed the crime.

Guisti says despite popular belief insanity pleas are actually very hard to come by and if an insanity plea is accepted this too isn't a "get out of jail card," but rather the judge usually sentences the suspect to a secure state medical facility for a period of time, and every few years or so there is a hearing to determine the mental condition of the suspect.

If you're facing charges stemming from a domestic violence case, attempted murder case or an assault with a deadly weapon case please call the Law Offices of Michael L. Guisti at 714-530-9690 so we can review your case.

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.

Fullerton, Orange County - A 24-year old Fullerton man is under arrest for suspicion of murder after a person he got in a fight with died early Sunday morning as a result of his injuries, according to Fullerton Police.

The fight occurred at an apartment complex near Cal State Fullerton and witnesses tell police the suspect got into some kind of argument with the victim that led to a fight, which the suspect allegedly punched the victim in the face knocking him to the ground, according to Fullerton Police.

Police say the victim was taken to a nearby couch to recover, but a short time later people at the party discovered his wasn't breathing and called paramedics, where upon their arrival he was pronounced dead at the scene.

Fullerton murder defense attorney Michael L. Guisti explains any sort of murder charge you're arrested for you need to take very seriously and contact an expert Orange County criminal defense attorney right away, because this is a charge that can not only put you away in state prison for the rest of your life, but could result in you being given the death penalty.

Attorney Guisti says murder is one crime if you're arrested for not to waste anytime hiring an attorney, because as soon as your attorney can look over the facts of your case your Orange County legal defense team can work out a strategy to reduce the charges against you, prepare a stellar defense or even work to get your case dismissed.

Fullerton homicide lawyer Guisti explains that even though murder is charged under Penal Code 187 they're several different elements under murder, such as first-degree murder, second-degree murder and capital murder, among others, all of which carry different penalties.

Based on what is known in this case so far it's possible the Orange County District Attorney may charged the suspect with second-degree murder, which is basically murder not deliberate and premeditated, but still considered willful, according to Attorney Guisti. Here essentially the suspect didn't mean nor planned to kill the victim.

Fullerton murder lawyer Guisti says in this suspect's defense it's possible he was using self-defense and this was just the unfortunate result. After all, we don't know how the fight started or who even threw the first punch, according to Guisti, and even if it's a case where the victim used "fighting words" to incite the fight and/or the suspect felt it necessary to take such action.

Murder cases are very complex and that is why, according to Guisti, you must call an experienced Orange County murder defense attorney.

As Attorney Guisti also explains, as expected murder cases take high priority with police, and sometimes in their rush to want to catch a murder suspect certain strict rules of police procedure may be illegally bent. Should this be the case with you this means your constitutional rights were violated and the case can be dismissed, according to attorney Guisti.

If you're facing murder charges you must call the Law Office of Micheal L. Guisti right now at 888-478-8999. This is not a charge you want to "wait around and see what happens" or even attempt to speak with the DA and police yourself to explain "what really happened," because more often than not that will land you in more trouble.

What you must do is call Orange County murder defense attorney Michael L. Guisti right now so we can prepare a winning defense for your case and ensure your freedom.

Fullerton, Orange County - ​Monday night, an unnamed man in his 40s was fatally shot and killed near an Anaheim park. Police officers fear that this incident was the product of gang violence even though the man that was killed was not a gang member. Police are continuing the investigation to determine the parties involved as well as the purpose behind the shooting.

​According to Fullerton Criminal Attorney Michael Guisti that there can be a multitude of different scenarios on how the shooting took place, some yielding different legal consequences than others. If the act was in fact an intentional killing where the parties intended to carry out the crime that would result in a death, they could be charged with murder. However, even if the parties intended to cause grievous bodily harm, committed the act recklessly with a complete disregard for human life, or while committing a felony, this would also result in a murder charge against the parties under the common law.

The Fullerton felony defense lawyer explains that under California criminal law, a murder charge can be of the first degree or the second degree. First-degree murder results when there is an unlawful killing of a human being where the elements of premeditation and deliberation are present.

This means that the party committing the act had time to think beforehand and evaluated the situation before acting. A second-degree murder charge results in all other types of murder.

​The Fullerton Murder Defense Attorney further explains that In the event that a murder charge results, a variety of defense may also apply depending on the facts of the case. This is a main advantage of consulting legal counsel when charged with a crime whether one believes that they are guilty or innocent.

If you or your family have been arrested or charged with murder, assault with deadly weapon, battery, homicide, or any serious violent crimes, it is imperative to consult with the experienced legal counsel immediately. Our criminal attorneys at Law Offices of Michael Guisti have successfully represented clients in Fullerton, Santa Ana, Irvine, Westminster, Newport Beach, and cities in Orange County, Los Angeles, San Bernardino and Riverside. Please call us at 888-478-8999 to get a free consultation today.

Irvine, Orange County - A jury in Orange County, Florida found Casey Anthony not guilty Tuesday of killing her 2-year-old daughter in a high-profile case that captivated the country, but before it was over the jury did find Anthony guilty on four counts on giving false information to peace officers, which is a misdemeanor.

Under Florida law Anthony could face up to a year in jail for each count, however in California, according to Irvine criminal defense attorney Michael L. Guisti, punishment for giving false information to a peace officer is only punishable by a maximum of six months in county jail.

Attorney Guisti explains that in California giving false statements to a peace officer is a misdemeanor under California Vehicle Code (CVC) 31 that states in part, "No person shall give, either orally or in writing, information to a peace officer while in the performance of his duties [...] when such person knows that the information is false."

Irvine criminal defense lawyer Guisti explains they're several ways you could break this law, which range from simply giving the police officer a false name to answering a question you know to be false.

To be guilty of this crime, Orange County criminal defense attorney Guisti explains, you had to "knowingly" give false information to the officer, which basically means you meant to deceive the officer. Now if you unknowingly gave the officer documents you believed were legitimate or during questioning you weren't thinking straight and unknowingly gave incorrect answers you cannot be guilty of this crime, according to Guisti.

Irvine fraud attorney Guisti says if convicted of this crime in addition to being sentenced up to six months in jail you could face up to a $1,000 fine.

Attorney Guisti stresses that even though the punishment isn't very harsh you have to remember this is a misdemeanor and if you're convicted of this you're going to have a misdemeanor on your record that potential employers and other agencies will see when they run a background check on you, which is why you need an experienced Orange County criminal defense attorney.

Irvine criminal attorney Guisti says should you be found guilty of this crime at some point you may want to consider an expungement.

If you're being charged with making false statements to a peace officer call the Orange County Law Offices of Michael L. Guisti at 888-478-8999 and let our criminal defense experts handle this matter for you.