Recently in Robbery Category

February 2, 2012

Police Search for Anaheim Home Invasion Robbery Suspect

Anaheim, Orange County - Authorities are searching for a man wanting for a home-invasion robbery Thursday morning in Anaheim.

The Orange County Sheriff's Department says the homeowner confronted a man who was attempted to steal birds from the homeowner's backyard, and that is when the suspect pulled out a firearm and invaded the man's home.

At one point the suspect put the gun to the man's head and the man pleaded for his life, at which point the suspect took a computer and cell phone, along with the family's dog, according to the sheriffs'.

They're a lot of serious charges here and the suspect could face up to several years in prison, says Santa Ana criminal attorney Michael L. Guisti.

The suspect will likely face charges of burglary, robbery, firearms charges, assault with a deadly weapon and assault, explains Guisti.

Many people think burglary and robbery are of the same charge and same crime, but they're very different crimes with different punishments, and should you ever find yourself involved in a theft crime it's important to know the difference, explains Guisti.

Now robbery under California law, according to Guisti, is when you take property that didn't belong to you from the owner's personal possession or immediate presence against that person's will using some kind of force or threat. Basically, robbery involves taking something directly from a person.

Now burglary is when you enter a structure with the intent to commit a felony or petty theft once inside, says Guisti.

When a person enters another's person's home to rob them it's burglary since there was the intent to commit theft and/or other crime, according to Guisti.

Now since a suspect illegally entered a residence it's assumed that he/she is going to commit a felony, but, Guisti goes on to say, in shoplifting cases police tend to add on the charge of commercial burglary, but it's not always clear-cut if the suspect intended on committing the crime before entering the store.

Many shoplifting cases are on impulse, meaning a suspect enters a store with no intention of shoplifting, but perhaps an opportunity presents itself and the suspect acts on it, but gets caught, explains Guisti.

Now, Guisti goes on to say, police may ask if the suspect thought about doing this before coming to the store today, and the suspect, unaware of these laws, may just answer "yes" even though he/she had no intent to shoplift before entering the store, but by answering "yes" the suspect now invites robbery charges.

If you've been involved in a theft crime it's important to contact our Orange County theft crimes attorney experts at the Law Offices of Michael L. Guisti who can see to it you're not overcharged.

Our expert defense lawyers have over a decade of successful experience winning theft crime cases for our clients in the Orange County courts of Newport Beach, Westminster, Santa Ana and Fullerton.

So please, call us now.

December 8, 2011

Seal Beach Home-Invasion Robbery Suspect Arrested

Seal Beach, Orange County - A suspect has been arrested in a home-invasion robbery of a 90-year-old woman in Seal Beach, according to the Orange County Sheriff's Department.

On Wednesday morning the elderly woman walked out of her home to get her newspaper, and that is when two men confronted the woman with one of them holding a handgun against the woman's neck, according to sheriffs'.

The woman was tied to a chair and her head was covered with a towel while the men searched the home for valuables, according to sheriff investigators.

Anytime there is a home robbery it is always charged as a felony first-degree robbery, says Westminster criminal attorney Michael L. Guisti.

The crime of robbery, explains Guisti, is taking property that didn't belong to you from that owner's personal possession or immediate presence against that person's will using some kind of force or threat.

First degree robbery is when a suspects robs a bank, robs a house, robs somebody using an ATM or robs a business, and second-degree robbery is basically something like mugging, according to Guisti.

A conviction of first-degree robbery that was done with another suspect carries a sentence between three-to-nine years in a state prison.

The suspect also faces the serious charge of burglary and, according to Guisti, will likely face the felony charge of first-degree burglary.

Burglary, says Guisti, is when a suspect planned to commit a felony or petty theft before entering a store or house.

First-degree burglary is always charged as a felony, says Guisti.

Second-degree burglary is typical found in shoplifting cases and other commercial burglary cases, but, explains Guisti, unlike first-degree burglary there is a very good defense on whether or not you really thought about committing a crime before going inside the commercial building, or if you just took advantage of what you thought was a perfect opportunity to stuff an item in your pants.

If the suspects are convicted of first-degree burglary they could face between two-to-six years in prison, according to Guisti.

Burglary and robbery are very serious crimes with severe punishments if convicted, and that is why if you or somebody you know are facing these charges you need to call the Orange County theft crimes attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

Even with serious charges against you understand our decade of experience shows we get our client's severe criminal charges successfully dismissed, reduced or found not guilty in the courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

So please, give us a call so we can begin putting these serious charges behind you.

November 29, 2011

Two Men Allegedly Steal an ATM from Anaheim Wienerschnitzel

Anaheim, Orange County - Anaheim Police are looking for two men wanted for burglary in connection with an ATM heist at a Wienerschnitzel last week.

The two suspects broke into the fast food restaurant past 2 a.m. breaking open and going through the drive-thru window and once inside that is when the suspects allegedly used a pallet jack to take the ATM, which contained thousands of dollars, according to Anaheim Police.

During the burglary the suspects apparently tried to cover the surveillance cameras with napkins, but one of the napkins fell off and the security camera was able to fully capture one of the suspect's faces as he attempted to put the napkin back on, and the suspects left behind the pallet jack, according to detectives.

Fullerton criminal attorney Michael L. Guisti explains that the crime of burglary is when you plan to commit a theft crime before entering a home or business. In a lot of shoplifting cases it's not always clear if the intent to commit a burglary was there as many shoplifters commit the act on impulse once inside the store, but in this case it's appears the suspects allegedly broke into a business, which would invite the burglary charge, says Guisti.

The next charge the suspects will face for likely be grand theft charges, says Guisti, since police claim there was thousands of dollars in the ATM.

The line between petty theft and grand theft is $950 and grand theft invites more serious charges, says Guisti.

In burglary cases what your intent was makes all the difference in whether or not you'll face burglary charges, and the way the district attorney typical views these cases is your intent is generally made clear if you're caught with a crow bar, screwdriver and other items associated as being burglary tools, in which case you can also be charged with misdemeanor "burglary tools," says Guisti

Residential burglary is typically first-degree-burglary and is always charged as a felony while most commercial burglary is considered second-degree-burglary and can be charged either as a felony or misdemeanor, according to Guisti.

These are serious charges that can result in many years in a state prison, and this is why it's very important to contact the Orange County theft crimes attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

Even though law enforcement may say what you're doing is clear-cut understand it's not clear-cut and you have many burglary defense options, and some of which can include having charges reduced or dismissed.

Our track record shows we have successfully defended our clients against charges of burglary in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

We're here to win your case for you.

November 10, 2011

Suspect Arrested Following Irvine Marketplace Robbery

Irvine, Orange County - A suspect was arrested Thursday afternoon after allegedly robbing a phone store in Irvine.

Police say the suspect entered the T-Mobile store at the Irvine Marketplace threatening he had a weapon and took an unknown number of items.

Police spotted the suspect car a short time later on the freeway and followed it for a short time before pulling over the car and arresting the suspect on robbery charges.

Irvine criminal attorney Michael L. Guisti explains that many people understandably think that robbery, shoplifting and burglary are one of the same charges, but they're vastly different charges with very different punishments if convicted.

The crime of robbery, Guisti explains, is taking property that didn't belong to you from that owner's personal possession or immediate presence against that person's will using some kind of force or threat.

In this case claiming you had a weapon and taking items from a store would meet those requirements, says Guisti.

The difference between robbery and the crime of shoplifting is shoplifting you're not taking the possessions of another using force or fear, and had this suspect in Irvine gone into the T-Mobile store and stuffed items onto his person and walked out the door he would've face only shoplifting charges and not the more serious robbery charge, according to Guisti.

What does matter to both a robbery and shoplifting suspect are the value of the items allegedly taken, because if the value of the items are under $950 a shoplifting or robbery suspect will face addition charges of petty theft, and if the value was $950 or more the suspect will face an additional charge of grand theft, according to Guisti.

Now burglary charges, Guisti goes on to say, is basically when you planned to commit a theft crime or felony before entering the store, so it's very likely the Irvine robbery suspect will face this charge of burglary.

A lot of times shoplifting suspects well be charged with burglary, because many times police will seemingly ask a passing question like, "did it cross your mind to do this before going into the store?," and many times a suspect will say "yes," which is then enough to suffice a burglary charge, says Guisti.

If you entered a store and shoplifted on impulsed, because maybe the opportunity presented itself, then you cannot be guilty of burglary, because you thought to commit a theft crime once inside the store, according to Guisti.

If you're facing charges of robbery, burglary or shoplifting you must contact our Orange County theft crimes attorney experts right away at 888-478-8999.

October 24, 2011

Santa Ana Robbery Suspects Posed as Police Officers

Santa Ana, Orange County - Two men have been arrested for robbery after allegedly posing as police and pulling a motorist over and robbing the victim of his wallet, cell phone and jewelry Sunday morning, according to Santa Ana Police.

Police detectives say the suspects pulled behind the victim's car, flashed a red light, at which point the suspect pulled over and the suspects posing as police officers ordered the man to the curb, took the items and fled in their car.

The suspects were later arrested by police.

Santa Ana criminal attorney Michael L. Guisti says robbery is always a serious charge, because it's always charged as a felony.

People often use robbery and burglary interchangeably, but those are two different crimes, according to Guisti.

For the crime of robbery it must be shown to the judge and jury that the suspects took property that didn't belong to them from the owner's personal possession or immediate presence against that person's will using some kind of force or threat, and the suspects intended to deprive the owner of their property permanently or for an extended period of time that deprives the owner any value or enjoyment of the property, according to Guisti.

If convicted the suspects could face several years in prison, says Guisti.

If you've been accused of robbery you need to call the Orange County robbery attorney experts at the Law Offices of Michael L. Guisti right away at 888-478-8999.

As you've read this is a very serious charge, which is why you need a professional Orange County criminal defense lawyer by your side, because our legal team will work to get you the best possible outcome so you can go on with your life.

September 14, 2011

San Diego "Gumby" Robber Says It Was Just a Joke

San Diego - The so-called "Gumby robber" in San Diego may have been playing a practical joke when the suspect, identified as Jason Kiss, went into a 7-Eleven in San Diego dressed as Gumby and said he was robbing the store, according to media reports.

The 7-Eleven clerk thought it was a joke at first, but when Kiss said he had a gun he took the threat seriously, according to police.

Kiss reportedly walked away only with some change and no gun was ever seen by the clerk or recovered by police, and the case is now in the hands of the San Diego District Attorney.

Kiss has not been arrested.

Newport Beach criminal attorney Michael L. Guisti says jokes cross the line from being funny to potentially criminal when you threaten somebody's life and that threat is made clearly.

As to the case of armed robbery, Guisti says it's unclear if the change "Gumby" alleged took came from the clerk handing it over from the register, or if maybe Kiss took it from the "Leave a Penny, Take a Penny" plate. If the suspect ordered the clerk to hand over money from the register under threat that is robbery, according to Guisti.

If this was a prank it's very likely this suspect will face charges of making criminal threats, says Guisti.

Guisti explains that criminal threats is when immediate harm is made to another person and causes fear in the person threatened and that fear was reasonable. Saying you have a gun, regardless if you actually had a gun, with the implications that you'll use it if your demands aren't met is usually enough to warrant this charge, according to Guisti.

Guisti says if charged with making criminal threats "Gumby" could face a year in jail and possibly thousands of dollars in fines.

If you're facing criminal threat charges from maybe saying or doing something perhaps taken out of context, or from a domestic violence situation, call the Orange County criminal threat attorney specialists at the Law Offices of Michael L. Guisti today at 888-478-8999 so we can work to get you the best possible outcome.

August 31, 2011

Family Arrested for Shoplifting

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

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

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

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

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

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

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

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

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

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

August 18, 2011

Man Reportedly Robbed at Gunpoint near Brea Mall

Brea, Orange County - Two men reportedly robbed a man near the Brea Mall at gunpoint on Wednesday evening, according to Brea Police.

One of the men brandished a handgun as they demanded money from the victim and left the scene with an unknown amount of money, according to police.

Fullerton criminal attorney Michael L. Guisti explains what sets robbery apart from other theft crimes like burglary and shoplifting is the suspect directly takes property from another person using fear, threats and force, and using a gun to take another person's money fits that definition.

Where as burglary is where you plan to enter a building to commit a crime and shoplifting is being inside a store taking items that could result in petty theft or grand theft, Guisti explains, robbery is going right up to the person and fearfully and forcefully taking their possessions.

Fullerton criminal lawyer Guisti explains since the suspects in this Brea case allegedly used a gun they face the possibility of a major sentencing enhancement under California's "10-20-life 'use a gun and you're done'" law, which subjects the suspects to an addition and consecutive sentence of ten years in prison for "using" a gun.

Guisti explains they're a couple defenses that could be used, the first is examining details of the case and see if "fear and force" was really used, because if there was no fear or forced used the suspects cannot be charged with robbery.

Also, if no gun is recovered and the suspects claim they never used a gun then it becomes very difficult for prosecutors to push ahead with the "10-20 life" sentencing enhancement, according to Guisti.

Guisti explains that alleged theft victims sometimes embellish stories to authorities hoping either for a faster police response or perhaps to cover up an embarrassing gaff on their part, such as leaving an item, like a wallet or iPod, out in the open on a table and walking away for a few seconds giving thieves the opportunity to grab the item when the victim is away. In a situation like this, Guisti goes on to say, the person or persons who seized upon the opportunity and stole the item cannot be charged with robbery since no fear and force was used, which means if caught they could face a lessor misdemeanor charge rather than a felony charge.

This is why it's important to hire a professional Orange County theft crimes attorney who can examine the case and make sure the DA, judge and jury hears your side of the story backed up by evidence, according to Guisti.

If you're facing robbery charges or other theft crime charges call the Law Office of Michael L. Guisti at 714-530-9690 right away.

August 15, 2011

Two Men Arrested in Yorba Linda for Auto Burglary

Yorba Linda, Orange County - In Yorba Linda two men were arrested for allegedly being in possession of stolen property and auto burglary after allegedly breaking into cars and taking items.

Police say the two suspects allegedly stole cell phones, an iPod, a GPS system and Oakley sunglasses from parked vehicles.

Fullerton criminal attorney Michael L. Guisti says the first thing that needs to be looked at is if the cars the suspects allegedly broke into were locked, or unlocked. The reason being, Guisti explains, if you break into a locked car that is auto burglary, but if you open a car door that is unlocked that doesn't constitute auto burglary.

Many times the alleged victims, usually out of embarrassment, will tell police their car door was locked, when in reality it was not, according to Guisti, and this is one way a lot of alleged suspects face false auto burglary charges.

The bottom line, according to Fullerton criminal lawyer Guisti, for there to be an auto burglary charge you must have altered the locks of the car or trunk, and if you opened an unlocked door and you're caught you should only face the lessor charge of trespassing.

Whether you broke into the vehicle or were able to gain entry through an unlocked door what you do once inside the vehicle is where the more serious charges arise, according to Guisti. If you steal the vehicle you face grand theft auto charges or if you steal items from the vehicle you could face petty theft or grand theft charges, or in the case of these Yorba Linda suspects, you could face charges of receiving stolen property, according to Guisti.

For property to qualify as "stolen" the alleged suspect who took the property must have intended permanently to deprive the owner of that property under Penal Code 496 according to Guisti.

Fullerton criminal attorney Guisti explains that to prove you received stolen property investigators must show that the property was stolen, that you received the stolen property, and that you knew the property was stolen.

Auto burglary and receiving stolen property are "wobblers," which means they can be charged either as a misdemeanor or felony, according to Guisti.

If you or somebody you know are facing such charges you must call the Law Offices of Michael L. Guisti at 714-530-9690 right away you we can set up an appointment and review your case.

Just because you're accused of this crime doesn't mean you're automatically guilty.

August 4, 2011

Man Accused of Stealing Credit Cards from Irvine Offices

Irvine, Orange County - Irvine Police have arrested a man suspected of credit card theft after allegedly stealing credit cards from 13 Irvine offices and using them to by gift cards.

Police say the suspect, John Steven Gachupin, 47, allegedly took advantage of unattended purses and wallets left in Irvine offices while workers were reportedly away from their desks.

Irvine criminal defense attorney Michael L. Guisti explains Gachupin will likely be facing, at the least, burglary, robbery and theft charges.

Burglary, Guisti explains, is when you enter a structure, be it a house, store or office building, with the intent to commit a felony or petty theft once inside. Guisti goes on to say they're two degrees of burglary, first degree burglary is when you enter a residence, which is charged as a felony, and second degree burglary is basically commercial burglary and can be charged either as a misdemeanor or felony.

Irvine theft crime defense attorney Guisti says if this suspect happened to work at all 13 Irvine offices and acted on impulse once inside the building rather than planning to allegedly steal the credit cards then he shouldn't be charged with burglary since he entered the building with no intent to commit a crime.

The charge of robbery is basically the physical act of stealing, according to Guisti. One of the elements for the charge of robbery to stick is "immediate presence," which is an area where the victim would logically exercise reasonable control over the item, according to Guisti. Where "immediate presence" begins and ends is quite blurry, according to Guisti, and that is why this suspect or his family should strongly consider hiring a professional Orange County criminal defense lawyer.

Irvine theft crimes defense attorney Guisti explains the theft charges against Gachupin may depend either how much the credit cards were worth and/or how much he spent using those credit cards. Guisti explains they're several ways the Orange County District Attorney could charge Gachupin, either a single theft charge for all 13 credit cards he allegedly stolen, or one single theft charge.

Guisti says if Gachupin charged more than $950 to the credit cards he can be charged with grand theft, or if the cards were charged less than $950 Gachupin will face petty theft charges.

If Gachupin is facing 13 single counts of grand theft, or 13 counts of petty theft, or a combination of both, he could be facing serious jail time, according to Guisti.

Guisti explains if you're ever in a situation like this you need to consult with a profession Orange County theft crimes attorney right away who can work out a deal to get the 13 charges reduced to one single charge.

If you're facing theft crime charges call the Irvine theft crime defense attorney specialists at the Irvine Law Office of Michael L. Guisti right now at 949-390-9898 so we can review your case and help keep you out of jail.

June 21, 2011

Newport Beach Robbery Suspect Arrested

Newport Beach, Orange County - Newport Beach Police responded to a call of a fight early Tuesday morning on the Balboa Peninsula and after arriving police learned the fight victim, who had facial injuries, had been the victim of robbery after telling police the suspect allegedly forcefully took his wallet and cash.

Witnesses gave Newport Beach Police a description of the suspect and police later found the suspect in Fullerton.

Newport Beach criminal defense attorney Michael L. Guisti says robbery is a very serious crime, because it's charged as a felony, which means if convicted the suspect could face several years in a California State Prison.

Attorney Guisti explains that the crime of robbery is taking another's property from the person's body or immediate possession accomplished by force or fear. Also, Newport Beach attorney Guisti goes on to say, unlike other theft cases, such a shoplifting and embezzlement, if you allegedly robbed somebody it doesn't matter how much or how little you took as you'll still face a felony robbery charge.

Newport Beach theft lawyer Guisti explains in this case since the victim has allegedly suffered injuries it's possible the suspect could face enhanced charges under California's great bodily injury enhancement. Attorney Guisti explains that if during the robbery a suspect causes the victim substantial physical injury the suspect could face a three to six-year prison sentence in addition and consecutive to the penalty received for the robbery conviction.

The Newport Beach attorney says what is considered "great bodily injury" can vary and that is why if you or somebody you know have been arrested for robbery you need to call and set up an appointment with an experienced Orange County criminal defense lawyer right away.

Newport Beach criminal defense lawyer Guisti says in defending robbery cases if no force or fear was used during the alleged crime it doesn't qualify as robbery under California law. Again, attorney Guisti says, what is considered "force or fear" is debatable, and that is another good reason why you need an experienced Orange County criminal defense attorney on your side.

If you or somebody you know are facing any kind embezzlement, grand theft, robbery, shoplifting, fraud, petty theft, burglary, or any kind of theft charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

June 15, 2011

Westminster Man Sentenced to Prison for Grand Theft

Westminster, Orange County - A Westminster man was sentenced to state prison Tuesday after pleading guilty to felony grand theft after stealing over $650,000 from a widow.

The suspect, Hoang Quoc Tathanhlong, 50, of Westminster, told the woman, who has not been identified, that he was certified financial planner working for TD Ameritrade and persuaded her to transfer $240,000 in proceeds from her husband's life insurance policy into an a certificate of deposit under Tathanhlong's name that would accrue interest for a three-year period.

Tathanhlong later persuaded the woman to invest an additional $390,000 by taking equity from her home to raise the funds.

The Orange County District Attorney says Tathanhlong took the money and began day trading with and buying personal items.

Westminster theft attorney Michael L. Guisti explains grand theft is the unlawful taking of property valued at $950 or more is grand theft under Penal Code 487.

Orange County criminal attorney
Michael Gusiti says they're several ways somebody could commit grand theft, including by trick and false pretenses, which is what happened in this case.

Westminster criminal attorney Guisti says grand theft is a "wobbler," which means the charge can either be filed as a misdemeanor or felony. What determines if the Orange County District Attorney files the charge either as a misdemeanor or felony, Guisti says, are the circumstances of the case and the suspect's criminal history.

In this case, Guisti goes on, since this was such a high amount it's no surprise he was charged with felony grand theft.

Orange County theft attorney Guisti also says under PC 487 a suspect can receive an additional and consecutive California state prison sentence enhancement if the valued property was over $200,000.

If you're facing embezzlement, grand theft, robbery, shoplifting, fraud, petty theft, burglary, or any kind of theft charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

June 9, 2011

Alleged Fullerton Auto Burglary Suspect Sought

Fullerton, Orange County - An auto burglary suspect is sought after breaking into a reported locked car and stealing an off-duty Orange County Sheriff's badge and two handguns Wednesday night, according to authorities.

The incident occurred north of Fullerton in La Mirada at a restaurant parking lot and authorities say it's unclear if the suspect knew of the contents inside the car prior to breaking in.

Fullerton criminal defense attorney Michael L. Guisti explains there are a few issues here in this case, but wants to focus on the crime of auto burglary itself as this crime is actually not as clear-cut as it may seem and misunderstood, because for a charge of auto burglary under Penal Code (PC) 459 the suspect must break into a locked car.

If the car was unlocked or even if the trunk was unlocked, attorney Guisti goes on to say, the suspect cannot be charged with auto burglary, because to be charged under PC 459 the suspect must alter the car's physical condition to gain entry.

Fullerton burglary defense lawyer Guisti says that if a suspect enters an unlocked car and then is caught the suspect can still be charged with trespassing, or if the suspect steals an unlocked car they could still face a grand theft auto or "joyriding" charge.

In many auto burglary cases there could be other charges police and the Orange County District Attorney can add on, such as robbery and petty theft or grand theft if items were stolen from the car, according to attorney Guisti.

The bottom line, Fullerton auto theft defense lawyer Guisti says, if you enter an unlocked car or open an unlocked trunk you're not guilty of auto burglary, but it's what you do once inside the car that invites more serious charges.

If you or somebody you know are facing auto burglary charges or similar charges it's very important to contact an Orange County criminal defense lawyer right away to ensure your rights, protect your reputation and keep you out of jail.

If you're facing any kind of assault and battery charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.

June 7, 2011

Woman Arrested for Shoplifting at South Coast Plaza

Costa Mesa, Orange County - A 19 year old woman was arrested for shoplifting after allegedly trying to walk out with dozens of unpaid items from the South Coast Plaza and was later charged with petty theft last month.

Costa Mesa Police say security followed the suspect through the South Coast Plaza after receiving a call from a store employee who witnessed the woman allegedly putting items in her purse and coat pockets.

Irvine shoplifting defense attorney Michael L. Guisti explains petty theft under Penal Code (PC) 484 and PC 488 means unlawfully taking property valued under $950, regardless of how much property was allegedly taken.

Attorney Guisti says he has seen and dealt with many cases where people have allegedly shoplifted just one item from places like the South Coast Plaza and Fashion Island in Newport Beach and be charged with grand theft, which are items valued over $950, and in many of these cases the suspect stole a single $1,000 piece of clothing.

Basically, Irvine theft defense lawyer Guisti says, if you stole a thousand items and its value was worth only $700 you would still be charged with petty theft, and if you stole only one item, no matter how big or small, worth $1,000 you'll be charged with grand theft.

In this case, attorney Guisti goes on to say, since this is being charged as a petty theft the suspect has options.

Irvine criminal defense attorney Guisti explains her Orange County lawyer could make a deal with the Orange County District Attorney's Office to have her placed in a diversion program and possibly have the petty theft charges dismissed.

If you or somebody you know are facing similar charges it's very important to contact an Orange County criminal defense lawyer right away to ensure your rights, protect your reputation and keep you out of jail.

If you're facing any kind of theft or shoplifting charge call the Law Offices of Michael L. Guisti right away at 714-530-9690.


March 21, 2011

Mission Viego men robbed Jewelry Store with Firearm

Mission Viejo, Orange County - Last Saturday two men reportedly armed with guns robbed $150,000 worth of merchandise from the Jared Galleria of Jewelry in the 28000 block of Marguerite Parkway in Mission Viejo, according to the Orange County Sheriff's Department.

Sheriff detectives believe these are the same men who robbed Pacific Park Jewelers in Laguna Niguel on January 20, where $50,000 in jewelry was stolen.

It still remains to be seen what the District Attorney plans to charge the suspects with, if they're caught.

At Law Offices of Michael Guisti, a Costa Mesa Theft crime attorney, who specializes in theft crimes and robbery cases says the suspects could be facing several potential serious charges.

Well, to begin with the Orange County defense attorney says robbery under PC 211, which is taking someone else's property from the person's body or immediate possession when accomplished by force or fear, is a felony offense punishable by two to nine years in the state prison.

The criminal defense attorney in Santa Ana says in almost all robbery cases they're usually more charges attached and in this case the suspects will likely be charged with PC 487 grand theft since the amount total is alleged to be more than $950.

Under California's Three-Strikes Law, according to the Huntington Beach defense attorney who specializes in grand theft cases, robbery is a strike.

California's robbery law is what's known as a "violent felony," according to one Seal Beach defense attorney who says a PC 211 conviction will result in a "strike" on your criminal record pursuant to California's Three Strike's Law.

Though not a likely defense for these suspects, the Newport Beach criminal attorney says if you do take someone else's property but did so without using force or fear you would not violate PC 211. However, you could be guilty of PC 503, California's embezzlement law.

Since a gun is alleged to have been used during this robbery a Westminster criminal attorney says if convicted of robbery that triggers PC 12021 PC, which is California's "felon with a firearm" law where you will lose your right to own, possess, purchase, or receive a firearm for life.

Furthermore, according to the Tustin criminal defense attorney, it could also trigger PC 12022.53, California's "10-20-life 'use a gun and you're done'" law. According to the Southern California defense attorney the law imposes mandatory minimum prison terms for using firearms in the commission of certain felonies. According to the law, one could be sentenced for 10 years in prison for "using" a gun, 20 years for firing a gun, and 25 years to life for killing or seriously injuring another person with a gun.

If you're facing a complex case please call the California criminal defense lawyers of Law Offices of Michael L. Guisti. Micheal L. Guisit provides high quality representation with decades of experience. Our Orange County robbery crime attorneys have successfully represented and defended clients against theft charges in Newport Beach, Santa Ana, Fullerton, Huntington Beach, Westminster, Tustin, Irvine, and cities throughout the Orange County, Los Angeles, San Bernardino and Riverside.

Call us at (714) 530-9690 or (888) 478-8999 for a free consultation with our skilled Fullerton criminal attorney or Santa Ana criminal lawyer or Westminster criminal defense lawyer specialized in Orange County robbery crimes.

We'll help get you through it.