Orange County Criminal Lawyer Blog

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.

Irvine, Orange County - An Irvine Burger King employee was arrested Wednesday for a theft crime after police observed the suspect stealing money from a mentally disabled woman.

Irvine investigators allege Luis Maximino Lucero Ballinas, 42, of Tustin repeatedly stole from the woman over the past several months when she ate at a Burger King as he was allegedly pocketing the woman's money.

The woman's parents became suspicious when she would return home without the change and contacted police.

The suspect was charged with theft against a dependent adult.

This type of theft crime is actually covered under California's elder abuse laws, explains Irvine criminal attorney Michael L. Guisti.

Under Penal Code 368 financial theft crimes against "dependent adults" and the elderly are treated just like theft crimes, and how much money the suspect allegedly embezzled from the victim will determine if he'll face a misdemeanor or felony charge, explains Guisti.

As well, the suspect could face petty theft or grand theft charges, says Guisti.

Even though it may be easy to dismiss the suspect as a fast-food worker, in this situation he was in a position of trust with the disabled customer, because he was briefly in charge of her money, explains Guisti.

If the suspect invokes his right to remain silence it's certainly possible police may obtain a warrant to check his bank account records, according to Guisti, which is why he needs a professional defense attorney.

If charged and convicted as a felony the suspect could face up to three years in a state prison.

If you're facing a theft charge it's very important to contact the Orange County theft crimes attorney experts at the Law Offices of Michael L. Guisti right away.

Even a small theft crime can greatly upset your life, but our expert lawyers have over a decade of successfully winning cases for our clients minimizing the impact and getting their lives back on track like nothing happened, so call us now!

Laguna Beach, Orange County - A Laguna Beach woman has been indicted on federal wire fraud charges after allegedly defrauding an investor of $2 million.

The suspect, Hui Wang, agreed to be a financial broker for an investor in Oregon, and per terms of the agreement Wang ask the investor to send her $2 million to show potential venture capital lenders the victim's company was solvent, according to federal court documents.

Wang, according to court documents, reportedly took the money for herself and bought homes in Huntington Beach and around Orange County.

Wire fraud is a very serious charge and anytime you're facing any federal criminal charge you need to understand the federal government already has a "leg-up" on you, explains Santa Ana federal crimes attorney Michael L. Guisti.

Wire fraud is a federal crime under 18 U.S.C. § 1343, which is, "a scheme to deprive of property through use of an interstate telephone calls or electronic communication including the internet, wire transfers, and even the use of television and radio."

The $2 million in question was wired from Oregon to Orange County, according to the court report.

It's very important to understand, stresses Guisti, that wire fraud charges could be brought on even if you used simple communication devices like text messaging to allegedly commit wire fraud.

If you should be facing wire fraud charges it's very important to understand, says Guisti, that it doesn't matter if the alleged scheme actually succeeded in defrauding anyone, or that the use of interstate wire communications facilities was intended as the specific or exclusive means of accomplishing the alleged fraud, which is why you need a Southern California federal crimes attorney.

Another reason you need to retain a lawyer right away, explains Guisti, the federal government won't bother with small cases, but you've been arrested for wire fraud that means the federal government, and agencies like the FBI, has spent time and money investigating you, and they believe they'll convict you, otherwise they wouldn't waste their time, explains Guisti.

Being charged with wire fraud or any federal crime is an extraordinarily serious charge with the odds already stacked against you, and federal courts are very different from county courts, which is why you need to contact the Orange County federal crimes attorney experts at the Law Offices of Michael L. Guisti.

For over a decade our federal attorneys have successfully defended our clients in the federal courts of Santa Ana, Los Angeles, Riverside and San Diego.

For your own piece of mind call us now at 888-478-8999.

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.

Newport Beach, Orange County - A Huntington Beach woman is under arrest after allegedly forging checks from her Newport Beach employer.

Police say the woman, who was a manager at a law firm, forged checks and changed the face-value of the checks.

Investigators say the suspect allegedly embezzled over $15,000 in forged checks.

Embezzlement used to be a crime in and of itself, but, as Newport Beach criminal attorney Michael L. Guisti explains, embezzlement is now covered under California's theft laws.

Theft crimes and forgery may not be this suspects only problem, because, says Guisti, depending on what investigators find she could face possible federal bank fraud charges.

People don't think of forgery as being a serious crime, and in fact a lot people think of it as nothing to worry about, but if convicted of forgery you could go to prison, according to Guisti.

The suspect will face grand theft charges for embezzlement, according to Guisti.

The big thing here, explains Guisti, is if the district attorney will charge the suspect on each separate count the suspect allegedly forged the checks, or make it into one charge for grand theft and one charge for embezzlement.

As for the federal charge, Guisti explains, under bank fraud it's a federal crime to cash stolen checks, and if convicted could result in federal prison time.

Now for a case to go to federal court it typically has to be in the best interest of the feds to prosecute the case, which is to say the feds want a to try a case they think they'll likely get a conviction out of, according to Guisti.

Embezzlement and forgery are taken quite seriously, and if you're being accused of such crimes you must contact our Orange County white-collar crimes attorney experts right now at the Law Offices of Michael L. Guisti at 888-478-8999.

We have over a decade of successfully winning cases for our corporate clients in Irvine, Newport Beach, Fullerton and Los Angeles in the courts of Southern California, which is why you must give us a call.

Understand, from the moment you first meet us our goal is to win your case, and we never settle for nothing less.

Santa Ana, Orange County - A La Habra woman was sentenced in Santa Ana on Wednesday to three years, four months in prison for embezzling $284,000 from the La Habra Fence Co. over more than five years, according to the Orange County District Attorney's Office.

Veronica Martinez, 55, who worked as an office manager for the fence company, was also ordered to pay more than $290,000 in restitution and a $568,000 fine.

Martinez had access to company cash and all financial bookkeeping records.

Santa Ana criminal attorney Michael L. Guisti explains that the crime of embezzlement used to be a crime in and of itself, but it's now covered under California's theft laws.

Given the amount embezzled from the office this was obviously charged as grand theft, says Guisti.

The suspect also plead guilty to 51 felony counts of forgery, and, according to Guisti, forgery is when you defraud a person or business out of, money, interest in property and/or other legal rights.

In some situations multiple forgery counts can be charged either as a single charge or multiple charges, says Guisti, and if you're facing such charges this is why it's important to contact a professional attorney who can work to reduce these charges.

For the prosecution to prove you committed forgery they must show that you knowingly altered and/or created a written document and you did it with the intent to defraud the person or business, according to Guisti.

It is very important to note that all that matters for the Orange County District Attorney is that you had the INTENT to commit forgery, regardless if you didn't carry out the act or even paid the person/business back, says Guisti.

Forgery can be charged either as a misdemeanor or felony, and that mostly depends on the values of goods and the extent of the crime, along with your criminal history, says Guisti.

Embezzlement and forgery are charges that can send you to prison and ruin your reputation, which is why it is very important to contact the Orange County white collar crime attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

We have over a decade of successfully winning cases for our clients accused of white collar crimes, because our goal is to win your case and protect your reputation.

Santa Ana, Orange County - Orange County's biggest political donor, Louis J. Cella Jr., died this month.

Before being convicted of embezzlement charges Cella was a major political donor in Orange County politics and in 1974 he made $550,000 in political donations, the largest donation of any individual in California.

In 1976 Cella was convicted of 22 federal counts related to embezzling at least $600,000 in Medi-Cal funds through two Orange County hospitals that he had an ownership stake in.

Santa Ana criminal attorney Michael L. Guisti explains Medi-Cal fraud, as it was then in the 1970s, is taken very seriously today and with added urgency as in 1999 then Governor Gray Davis created The Governor's Medi-Cal Fraud Task Force, which is comprised of ten law enforcement agencies that include the Federal Bureau of Investigation (FBI) and the U.S. Attorney's Office.

Most Medi-Cal fraud cases deal with doctors, business owners and companies making alleged unauthorized payments, covered under California Welfare and Institutions Code (WIC) 14017, such as double billing, billing for unnecessary medical procedures and other costs deemed unnecessary, says Guisti.

However, says Guisti, it's very important to understand Medi-Cal fraud isn't limited to doctors and hospital owners as they're several cases where patients are charged with this crime for allegedly providing false information to obtain benefits, which is covered under WIC 14014.

This is a complicated charge, Guisti says, because in addition to violating the codes above they're several other possible charges you can face in connection with this crime including, insurance fraud under Penal Code (PC) 550, theft charges under PC 484, and depending on the alleged amount embezzled you could face possible petty theft or grand theft charges.

Guisti points out that embezzlement is no longer a crime in and of itself in California, but is now covered under theft laws.

Depending on the circumstances of your Medi-Cal fraud case it's certainly possible this could be charged as a federal crime, meaning it will be tried at a federal courthouse, which means it's a slightly different set of rules and punishment, says Guisti.

What can bring on federal charges could be the way the alleged Medi-Cal fraud was conducted, like if wire fraud was involved, and if it involved any funds crossing state lines, says Guisti.

On the state level Medi-Cal fraud is a "wobbler," which means it can be charged either as a felony or misdemeanor, and it can possibly result in you losing your license, says Guisti.

If you're being accused of Medi-Cal fraud it's very important to contact the Orange County Medi-Cal fraud attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

Our record proudly shows we have over a decade of successfully winning cases for our clients accused of Medi-Cal fraud and other white collar crimes in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

From the moment we first meet our clients we begin to work on a defense that gets our client the best outcome possible, because our expert attorneys won't ever settle for anything less.

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.

Laguna Nigel, Orange County - A 44-year-old hockey mother was arrested on suspicion of having unlawful sex and committing lewd acts with two members of her son's youth hockey team, according to the Orange County Sheriff's Department.

The mother was arrested last week at her home on suspicion of having unlawful sex with a minor under 16 and committing lewd acts with a minor under 14, according to the sheriff's department.

Irvine criminal attorney Michael L. Guisti explains these are two very serious charges and given the age difference between the suspect and alleged victims if convicted the mother could face a harsher sentence.

Sex with a minor is cover under California's statutory rape laws, which makes engaging in sexual intercourse with a person under 18 illegal.

Guisti says in this case since the suspect is over 21 and the victim is under 16 the mother in question could be charged with either a misdemeanor or felony in this case.

In statutory rape cases where a suspect and victim are less than three years about it must be charged as a misdemeanor, according to Guisti

A felony conviction for statutory rape can carry up to four years in a state prison, but the mother would not have to register as a lifetime sex offender, says Guisti.

As for lewd acts with a minor Guisti says that is when a person touches a child anywhere on the body, including outside of the clothing, if it's done with the intent of arousing or gratifying the lust, passions or sexual desires of you or the child.

For somebody to be charged with this crime it's very important to note that you don't have to touch the child in a lewd or sexual manner, only that the touch appeals to your lustful desires, according to Guisti.

Guisti explains depending on the age differences between the victim and suspect lewd acts with a child can be charged also either as a misdemeanor or felony.

If convicted of felony lewd acts with a child the suspect face between one to eight years in prison and, unlike a statutory rape conviction, would have to register as a sex offender for life, says Guisti.

Most times the courts are very quick to side with minors when they're allegedly the victim, especially when it concerns sex crimes, and that is why if you're facing similar charges you must call our Orange County sex crimes attorney specialists at the Law Office of Michael L. Guisti at 888-478-8999. Why? So our legal experts fully ensure the court fairly hears your side of the story without any bias from the prosecution.

We'll work to get you the best possible outcome.

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.

Los Angeles - A vehicle used in the reality television show "Bait Car" was stolen earlier this week in Los Angeles.

The Tru TV program depicts law enforcement stings that catch people stealing cars. Once people steal the car a computer system shuts down the car and locks the doors preventing the suspects from escaping until police arrive and arrest the suspects.

The computer system used to shut down this particular car failed and the suspects were able to get away, but were caught a short time later, according to police.

Newport Beach criminal attorney Michael L. Guisti explains what these suspects said to police, or what was even caught on tape, could make all the difference in the severity of their auto theft charge.

They're actually two types of auto theft charges, the first is what is commonly known as "joyriding," and the second is grand theft auto, according to Guisti.

"Joyriding," under California Vehicle Code 10851, is when you temporarily deprive the owner of their car, and this is common in cases where somebody takes a car, drives it around a little bit and abandons the car, or in some cases returns the car back where they found it, according to Guisti. Guisti notes that if you do return the car back to where you stole it, such as from a home, you'll still likely face this charge even if you had a change of heart and returned it with good intentions.

Grand theft auto under Penal Code 487(d) is when a suspect permanently deprives the owner of their car and this is basically where you intended to keep the car, according to Guisti.

Unlike cases of petty theft and grand theft that depend on the value of the items stolen with grand theft auto it doesn't matter how much the vehicle is worth as it's still the same charge, according to Guisti.

Newport Beach criminal defense lawyer Guisti points out that auto burglary is a separate crime and it is only concerned with breaking into a vehicle and for you to be charged with this crime you must have altered the locks or trunk of a vehicle. Guisti stresses that if you entered a vehicle and its doors were unlocked you cannot be charged with the crime of auto burglary.

Grand theft auto and "joyriding" are "wobblers," which means they can be charged either as a misdemeanor or felony, but Guisti says the rule of thumb is grand theft auto is usually charged as a felony while "joyriding" is usually charged as a misdemeanor.

If you're facing theft charges you need to contact the professional Orange County theft crimes lawyers at the Law Offices of Michael L. Guisti right now at 888-478-8999 and we'll see to it if you were charged with the right crime and get you the best possible outcome.

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.

Newport Beach, Orange County - A parolee with two felony convictions was sentenced Thursday to 22 years in state prison for robbery, burglary and possession of a firearm by a felon after breaking into the Irvine home of a woman who ran a day care for children ranging from 6 months to 3 years old in June 2009.

Newport Beach criminal attorney Michael L. Guisti explains that many people, understandably, think robbery and burglary are the same crime, but they're very different, separate crimes that each carry different punishments if convicted.

Burglary is when you plan to enter a structure to commit a felony or petty theft, while robbery is using fear and/or force to take something, like money or an item, from somebody's immediate possession, according to Guisti.

Newport Beach criminal lawyer Guisti goes on to say possession of a firearm by a felon is a violation of Penal Code 12021 that prohibits gun possession for people who have been convicted of a felony offense, certain misdemeanor offenses and people who are "addicted" to narcotic drugs. Guisti notes that those convicted of misdemeanors that could violate this law are usually reserved for those convicted of misdemeanor gun crimes like brandishing a weapon and certain misdemeanor sex crimes.

Guisti says these are all very serious charges and if you or somebody you know are facing such charges you need to set up an appointment with an experienced attorney right away, because even though police claim one thing there could be other facts in your case that could result in reduced charges or having your case outright dismissed.

The most important thing to understand when facing very serious charges, according to Guisti, is don't let police or the district attorney investigator badger you into thinking your case is hopeless and you should just give up, because when you have a professional Orange County attorney by your side your lawyer can review these allegations, possibly find and reveal new evidence in your favor, review and question the creditability of the alleged victim and witnesses, and get you the best possible deal.

If you're facing criminal charges contact the Law Offices of Michael L. Guisti right now at 714-530-9690 or call our Irvine offices at 949-390-9898 and we'll see to it you're fairly represented in court and your side of the story is heard.

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.