Orange County Criminal Lawyer Blog

Westminster, Orange County - An Anaheim couple accused of snatching a woman's purse from her 7-year-old son in front of the Stanton Post Office were each sentenced to two years in state prison Tuesday at the West Justice Center in Westminster.

Jose Guillermo Bermudez, 30, and Christina Amber Bailey, 21, both pleaded guilty to second-degree robbery and a misdemeanor count of credit card fraud.

According to the Orange County Sheriff's Department Bermudez took the purse from the 7-year-old boy while his mother was returning to the car, which Bermudez threw the purse to Bailey, who was waiting in a nearby car, and Bermudez got into the car and both took off.

It's important to understand that unlike other theft crimes robbery is always charged as a felony, and what makes the difference in the prison sentence is if it was first or second-degree robbery, says Westminster criminal attorney Michael L. Guisti.

Many people think and believe robbery is the same as shoplifting and other theft crimes, but, Guisti stresses, robbery is when you take 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.

Since robbery involves direct contact with somebody it's taken a little more seriously, says Guisti.

The main difference between first-degree robbery and second-degree robbery is, first-degree robbery involves robbing people at their homes, robbing a store or bank,, robbing people who just used an ATM, and robbing a Brinks "money trucks," and second-degree robbery is typically mugging, which is basically what happened in this case in Stanton, explains Guisti.

Now credit card fraud isn't a crime in and of itself, but it's covered under California's theft crime laws, says Guisti.

So if you used the credit card and the total came to $950 or less you would be charged with petty theft, but if the credit card charges totaled over $950 you would be charged with grand theft, explains Guisti.

Sometimes in credit card fraud cases you can be charged with forgery if you signed a credit card receipt using the person's name, stresses Guisti.

A lot of people dismiss charges of forgery as nothing serious, but if convicted of felony forgery you could get up to three years in a state prison, Guisti explains.

If you've been arrested for robbery, burglary, shoplifting, forgery, or any theft crime it's very important to contact our Orange County theft crime attorney experts at the Law Offices of Michael L. Guisti right away.

A theft crime could send you to prison for many years, but our legal experts at the Law Offices of Michael L. Guisti have over a decade of experience winning tough theft crime cases for our clients in the courts of Orange County, San Bernardino, Los Angeles, Riverside and San Diego.

So please, call now.

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.

Costa Mesa, Orange County - A 19-year-old Westminster man was arrested on shoplifting charges after allegedly walking out of the South Coast Plaza with items he didn't pay for, according to police.

Police say last Saturday the Westminster man walked into Sack's Fifth Avenue, put "several items" into his bag and down his pants, and walked out of the store.

As soon as the shoplifting suspect walked out of the store the suspect was apprehended by Costa Mesa Police.

What is interesting about store security is the law states the security guard or security camera must keep a continuous watch on you from the moment you "take" something to when you walk out the store, explains Costa Mesa criminal attorney Michael L. Guisti.

If the guard or camera loses site of you even for a second perhaps you, the suspect, had a change of heart and you put the item back, and when you walk out the door if security confronts you and you have nothing it becomes a major civil liability for the store, says Guisti.

They've been a lot of people wrongly detained for shoplifting, and if this has been something you've experienced you need to contact an attorney right away and seek damages, says Guisti.

The South Coast Plaza has a lot of grand theft cases and it's important to understand it's not how much stuff you allegedly shoplifted, but the cost of item or items that determines if you'll face petty theft or grand theft charges, explains Guisti.

In California shoplifting cases the threshold between petty and grand theft is $950, and at a place like the South Coast Plaza a single item can easily be worth over $1,000, and as such you would face grand theft charges, says Guisti.

As well, Guisti goes on to say, if you allegedly shoplifted a thousand items, but the value only comes to $400 you'll face petty theft charges.

The point being, says Guisti, it never matters how much or how little you allegedly shoplifted, only how much those items cost to determine the seriousness of the charge.

A lot of the time police like to tag on burglary charges to shoplifting cases, but that can be difficult to prove, because if you acted on impulse to shoplift once inside the store that isn't burglary, explains Guisti.

It's only considered to be a burglary crime if you thought about shoplifting before entering the store, says Guisti.

Shoplifting is a very serious charge than can lead to steep fines and even prison, which is why you need to contact the Orange County theft crimes attorney specialists at the Law Offices of Michael L. Guisti.

We have over a decade of experience winning shoplifting cases for our clients in the courts of Orange County, because our goal is to win your case.

We settle for nothing less than winning, so please, call us now.

Costa Mesa, Orange County - A Santa Ana woman was arrested for shoplifting last week at the South Coast Plaza in Costa Mesa.

The suspect tells police she lost her job earlier this year and just wanted to provide her children with a nice Christmas.

During the holidays shoplifting and other theft crimes shoot way up, and, according to Costa Mesa criminal attorney Michael L. Guisti, with problems with the economy studies show shoplifting crimes are much more higher than this year than in previous years.

What the value this suspect allegedly shoplifted is what will make the difference on whether or not this person will be charged with petty theft or grand theft, says Guisti.

If the value was under $950 the suspect will be charged with petty theft, and if the value was over $950 she'll be charged with grand theft, explains Guisti.

It's very important to understand, says Guisti, it doesn't matter if she allegedly shoplifted a ton of items that could fill the back of her car, only that the value is below or above $950.

To that point, says Guisti, if she allegedly shoplifted a single $1,300 dress she'll be charged with grand theft, or if she allegedly stole hundreds of items, but the value only comes to $500 she can only be charged with petty theft.

Another very important point is what you say to police, because if you happened to tell them you thought about shoplifting before entering the store you can be charged with burglary, says Guisti.

The crime of burglary is when you plan to commit a felony or shoplifting before entering a store or other building, and simply saying to police you thought about shoplifting before entering the store is enough to invite this charge, explains Guisti.

Many times if you unknowingly admitted to police you planned to shoplift before entering the store a professional attorney can get rid of that charge, says Guisti.

Petty theft is a misdemeanor and grand theft could be charged as a misdemeanor or felony.

Shoplifting can create many problems, including immigration issues, but the expert Orange County shoplifting attorneys at the Law Offices of Michael L. Guisti can and will work to reduce this charge and help you get back on with your life.

Our Orange County theft crimes lawyer has over a decade of experience winning even the most shoplifting and burglary cases in Orange County and throughout Southern California.

Don't let a shoplifting charge ruin your holidays, call us now at 888-478-8999.

Irvine, Orange County - As the holiday season gets into full swing with shoppers going to the South Coast Plaza in Costa Mesa, Fashion Island in Newport Beach and the Santa Ana MainPlace, among other places, there is always a rise in shoplifting.

A new report from the National Association of Shoplifting Prevention says on average one out of 11 people are shoplifters, and that most shoplifters are adults, and not teenagers as commonly believed.

Recently the advertising industry publication Adweek teamed up with the National Association of Shoplifting Prevention to compile a top ten list of most shoplifted items for 2011.

Believe it or not the top three most shoplifted items aren't what you may think. According to the study the third most shoplifted items are items like toothbrushes, razors and other common men's grooming products; the second most shoplifted item is premium alcohol; and the most shoplifted item, premium meats such as filet mignon.

Irvine criminal attorney Michael L. Guisti explains if you or somebody you know have recently been arrested for shoplifting you, or that person, need to remain quiet until you have an attorney present with you, because what you say could invite more serious charges like burglary.

During the course of the police's investigation they'll ask you if you planned or thought of shoplifting before you entered the store, and while that may not seem like a big deal admitting to police you thought of shoplifting prior to entering the store that admission invites burglary charges, according to Guisti.

The crime of burglary, says Guisti, is when you plan to commit petty theft or a felony before entering a store, and that is why if you happen to tell police you thought of shoplifting before going into the store you'll be charged with burglary.

A lot of shoplifting cases are done on impulse where somebody entered the store with no intention of shoplifting, but the person discovers what looks like an opportunity and, frankly, tries their luck, says Guisti.

If you entered the store with no intentions or plans of shoplifting you shouldn't be charged with burglary, says Guisti, and that is why it's always important to retain a professional shoplifting attorney who can work to get rid of these unwarranted charges.

The next big thing in shoplifting charges is if you're going to be charged with petty theft or grand theft. You're charged with a petty theft if the items you allegedly stole were under $950, and grand theft charges are brought on if you allegedly store over $950, says Guisti.

It's very important to note, says Guisti, it doesn't matter how many items you allegedly shoplifted, only that its value is below or above $950. For example, If you went to the South Coast Plaza and allegedly stole a single dress worth $1,500 you'll face grand theft charges, or if you allegedly shoplifted tons of clothing items that fill up your car, but the value only came to $600 you would only face petty theft charges, according to Guisti.

We know times are tough for a lot of people and sometimes desperate measures are taken by people who wouldn't normally do such a thing, but whatever your case may be it's important to understand this is a serious charge, which is why you must call the Orange County shoplifting attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

A shoplifting charge shouldn't ruin your holiday season, which is why you need to call our theft crimes defense lawyers who have over a decade of experience of dismissing, reducing or having our clients found not guilty of shoplifting charges in the courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

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.

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.

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.

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.

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.

Fullerton, Orange County - A woman is wanted in connection to a string of thefts at the Royal Spa and Sauna within the past month.

Garden Grove Police say a woman caught on surveillance tape was seen stealing wallets, purses and other personal items from the spa on Garden Grove Boulevard. Police say the woman used stolen tickets to gain entry into the spa.

Fullerton criminal defense attorney Michael L. Guisti says if caught the woman, depending how the Orange County District Attorney files the case, faces a possible charges of theft and burglary.

As Fullerton criminal Attorney Guisti explains, what the items are worth will make all the difference in determining if the woman will be charged with petty or grand theft. If the items are less than $950 she'll be charged with Penal Code (PC) 484 and PC 488 Petty Theft, which if there is her first time offense will likely be a misdemeanor, according to Attorney Guisti.

Now if the items are valued at more than $950 the woman can be charged with PC 487 Grand Theft, which could be charged as a misdemeanor or felony, depending on the facts of the case and this woman's criminal history, according to Attorney Michael L. Guisti.

The next possible charge the woman could be facing is burglary. As Fullerton Theft crime defense Attorney Michael L. Guisti explains, many people confuse burglary and theft as the same thing, but they're two separate and different charges.

Burglary, Theft Defense Attorney Guisti explains, is intentionally entering a building, be it a place of business of somebody's house, to commit a theft or felony once inside.

Attorney Michael L. Guisti explains the Orange County prosecution could point to the woman using a stolen ticket to gain entry to the spa with the intent to steal from the spa's clients, which could, in the DA's and prosecution's eyes, constitute robbery.

The reason why many shoplifters often aren't charged with robbery is many shoplifters commit the crime as an impulse and never intended to enter the store with the intent to commit theft. As Attorney Michael L. Guisti explains, it's hard for prosecutors to prove a shoplifting suspect entered a store with intent to commit theft as many shoplifting suspects admit to police they did it on impulse without any preplanning.

If caught and convicted for petty theft the woman faces up to three years informal probation, a $1,000 fine, and possibly up to six months in Orange County jail, according to Attorney Guisti.

If convicted of grand theft as a misdemeanor the woman faces up to a year in Orange County jail, and if convicted of felony grand theft the woman faces up to 16 months in a California State Prison.

If the woman is convicted of burglary as a misdemeanor she could face one year in Orange County jail and a maximum $1,000 fine.

If the woman is convicted on felony burglary charges she could face between 16 months and three years in a California State Prison and a maximum $10,000 fine.

As Fullerton defense attorney Michael L. Guisti explains, these are no doubt serious charges that carry potential jail time. Attorney Guisti strongly urges this woman to contact an Orange County defense lawyer right away before charges are filed, because before the Orange County District Attorney formally files charges her attorney can work with the DA's office to reduce charges, work out a plea bargain, or even investigate police action that could result in having the case dismissed

If you're facing theft charges call the Law Offices of Michael L. Guisti right away at 714-530-9690.
The Orange County Law Offices of Michael L. Guisti can help you to deal with these charges because our legal experts know the Orange County court system.

We'll handle your case in the best possible ways to reduce your criminal charges or even sometimes to dismiss your case. We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.

Please, don't go at this alone. Give us a call so we can give you expert legal advice and representation you deserve.