Recently in Three Strikes Category

September 3, 2010

Laguna Man Accused of Felony Assault and Battery of Police Officer

Laguna Hils, Orange County - When someone is arrested for assault and battery in Orange County, Los Angeles, it can be very a scary and devastating experience, especially, when he is accused of ssaulting an police officer. Our Orange County assault and battery attorney recently discussed about this type of assault and battery offense and explained about the California criminal law in Assault and Battery.

The Orange County criminal defense lawyer recently reviewed a case on the news regarding an Orange County felony assault and battery case. In the news, a Laguna Hills man was arrested for felony assault and battery of a Police officer. Mitchell Duffy Kraus fought with a customer at a restaurant in Laguna Hills, then fought with a deputy. The police officer reported of small injuries during the fight, according to the Orange County Sheriff's Department. Kraus was arrested and facing charges of felony assault of a police officer.

Orange County assault and battery defense attorney Michael Guisti states that Kraus is mostly likely to face charges of felony assault. California Assault charge and its punishments can be found in the California Penal code section 240. Section code 240 states that an assault occurs when a person attempts to injure another and has the means to do so. Since the sherrif's officer is an officer of the court it is a felony. Kraus could be facing a fine of $2,000 and jail time.

Why is it important to hire a skilled Orange County assault and battery defense lawyer and an experienced Laguna Hills criminal defense attorney for a successful defense?

When facing the charges of assault and battery charges, it is important to retain a seasoned Calfornia defense attorney that has experience handling cases in the Orange County court system. At the Law Offices of Michael Guisti our skilled attorney has had experience handling client all over Orange and Los Angeles County.

Our Newport Beach criminal defense attorneys have handled cases in Santa Ana, Fullerton, Irvine, Garden Grove, Newport Beach, Huntington Beach, Tustin and many cities in Orange County and Los Angeles. We have been successful in many areas of the law such as assault, battery, felony assault and battery, sex crimes, domestic violence, murder, vehicular manslaughter, DUI, three strikes, and white collar crimes cases including RICO and embezzlement. Our Newport Beach Theft crime defense attorney and Irvine professional licensing defense lawyer also handled white collar crimes and professional licenses cases.

If you or a loved one is facing criminal charges, it is important to hire an Orange County Criminal defense attorney that gets result. Attorney Michael Guisti has helped clients reduce charges from felony to misdemeanor and in some cases get the charges dismissed. Call our Orange County criminal attorney or an Santa Ana assault and battery attorney today toll-free at (888) 478-8999 or visit our website at www.topcalifornialawyer.com. You'll be glad you did.

Bookmark and Share
August 16, 2010

Orange County man arrested for kidnapping

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bookmark and Share
July 21, 2010

Orange County man arrested for Felony Grand theft and Carjacking

Orange County, California - Orange County felony crime defense attorney and Los Angeles felony defense attorneys have recently discussed about California felony crimes law on the internet regarding cases such as grand theft, burglary and carjacking charges in Orange County and Los Angeles.

The Santa Ana criminal attorney analyzed a case reported today on Orange County Register. Dominique Kyles, a 20-year-old male was arrested on July 3 for carjacking after being recognized by a police officer during a regular traffic stop. The officer recognizedKyles as the wanted suspect of a May carjacking case. According to the victim, Kyles held a gun at the victim's head and ordered him to step out of the car. Police tried to arrest Kyles afterwards but he managed to flee.

In California, carjacking is a serious felony Theft crime and it is severely punished by law. Under California Penal Code Section 215, a person convicted of carjacking will face imprisonment for between 3, 5 to 9 years.

If you or someone you love has been arrested for felony theft crimes, such as grand theft, embezzlement, carjacking, fraud, insurance fraud, medical fraud, burglary, it is imperative to retain an experienced California Theft crime attorney or Orange County theft crime defense lawyer immediately to protect your rights.

Moreover, use of firearms during carjacking will impose an additional one year sentence under California Penal Code Section 12022 (a)

(1). The following elements must be proved for a defendant to be charged withcarjacking:
1. Defendant took a car of another.
2. Defendant took the car from the immediate presence ofanother. In other words, the owner, driver or passenger were in the car or immediately near the car when defendant took it.
3.Defendant took the car against another's will with the intent to deprive possession.
4.Defendant used force or impose fear on the victim in order to prevent resistance. The use of violence is the major reason for serious punishment for carjacking.

Since the above elements are critical to establish a carjacking charge, an experienced Los Angeles criminal lawyer can rebut the elements and dismiss the charge. Our Orange County attorneys in the law offices of Michael L. Guisti are experts in handling carjacking cases. We will utilize every possible way to achieve the best result possible. Call us today at 714-530-9690 for a free consultation with our skilled California criminal lawyers.

Bookmark and Share
June 21, 2010

Anaheim Woman Charged with Murder

Anaheim- Corina Castillo of Anaheim is being charged with felony murder. It is alleged that Castillo stabbed and killed her boyfriend. Police were called out to the victim's apartment for a domestic dispute. Jesse Foster the victim was found in the apartment complex hallway bleeding. He later died at the hospital. If Castillo is convicted, she faces 26 years to life in prison.

Murder is one of the most serious crimes that can be committed. The punishments for murder can charge a person whole life. Murder is defined in the California Penal code section 187(a). Murder is defined as the unlawful killing of another. There are two degrees of murder. The punishments for first degree murder are death, life in prison without parole or a prison sentence of 25 years to life. The punishment for murder in the second degree is 15 years to life in prison. A Santa Ana criminal defense attorney that has had experience with murder charges can help a person facing a murder charge.

Since the punishments for murder are so severe, it is important that a person facing a murder charge retain a Santa Ana murder defense attorney immediately.

Continue reading "Anaheim Woman Charged with Murder " »

Bookmark and Share
June 18, 2010

Garden Grove Resident Charged with Burglary

Garden Grove- Samuel Zoller of Garden Grove is being charged with residential burglary. It is alleged by police that Zoller is responsible for residential burglaries over the Garden Grove area. Police states that Zoller would watch a house and make sure the owners were not inside. He would then go into the houses stealing items like DVDs, video games, guns and even a car. He was finally discovered when an item that he had sold to a pawn shop was reported stolen by the owner. He is being charged with 14 counts of burglary.

In California, burglary is broken into two different charges. The two charges can be defined in the California Penal code section 459. It defines the crime as entering a dwelling with the intent to commit a crime. It is also called first degree burglary and is the most serious of the type of burglary. This type is usually charged as a felony. The second type of burglary is called commercial burglary. This is type is usually things like shoplifting and is charged most often as a misdemeanor.

Many people that are charged with burglary do not understand the severity of the charge. It is important to hire an experienced Garden Grove theft crime defense attorney to help you defend your criminal charge.

Continue reading "Garden Grove Resident Charged with Burglary " »

Bookmark and Share
June 16, 2010

Orange County Parents Charged with Being under the Influence of a Controlled Substance

Anaheim- Two parents Jose Santana and Cynthia Franco of Orange County, have been charged with child abuse and endangerment and being under the influence of a controlled substance. Police where called to investigated someone possible breaking into a car. What they found was a five year old sleeping child. Police found his parents at a nearby house. Both of them were under the influence of meth. Both parent s have previous criminal convictions like domestic violence and other drug charges.

In California there are many different types of drug crime charges like possession of an uncontrolled substance, being under the influence of a controlled substance, possession of marijuana, and selling marijuana. Being under the influence of a controlled substance can be found in the California Health & Safety Code, section 11550(a). It states that it is illegal to be under the influence of a controlled substance. This includes drugs like methamphetamines, cocaine and PCP. If convicted of this charge a person can face up to one year in jail, they may be ordered to go through a drug rehab program and may have to pay fines. An Orange County drug crime defense attorney that is familiar with drug crime charges can help a person facing these charges.

Many of the drug crime charges came with more serious punishments than people expect. It is imperative that if a person is facing a drug crime charge that they retain a skilled Santa Ana drug crime defense attorney to help them defend their charge.

Continue reading "Orange County Parents Charged with Being under the Influence of a Controlled Substance" »

Bookmark and Share
June 15, 2010

Santa Ana Man Charged with Molesting a Teenage Girl

Orange County, Santa Ana- James Norkin a convicted sex offender, is charged with another sex crime in Orange County. He is accused on molesting a teenage girl while riding a city bus. It is alleged that Norkin was riding the city bus and was sitting in the back seat with four young girls. He then began to touch one of the girls inappropriately. The girl was too frightened to do anything, but one of her friends told him to stop. When Norkin ignored the girl, she took a picture of him with her cell phone. Norkin faces four counts of molestation and faces up to nine years in prison.

Being convicted of a sex crime in California can be life changing. Committing lewd acts upon a child can be found in the California Penal Code, section 288(a). It states that this crime has been committed when any person who willfully and lewdly commits any lewd or lascivious act upon or with the body, or any part of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child. If person is convicted of this crime they could face up to eight years in prison. It is important to hire a skilled Santa Ana sex crime defense attorney if you are facing a sex crime charge.

Being charged with a sex crime charge like committing lewd acts with a child can be a confusing and scary time for those that are being charged and their families. Retaining a successful Orange County sex crime defense attorney can help you defend your charge.

Continue reading "Santa Ana Man Charged with Molesting a Teenage Girl" »

Bookmark and Share
June 14, 2010

Orange County Woman Convicted of Second Degree Murder

Westminster- Suzanne Carlson, an Orange County resident, was convicted of second degree murder by a jury. Carlson had been drinking for two hours at a restaurant with her friend Scott Turner. She drove from the restaurant and onto the freeway where she then veers across the lanes of traffic. Carlson then rear ends a FedEx truck. Carlson was able to get out of the car, but Turner had internal bleeding and died shortly after. Carlson had three other DUI convictions. She was sentenced to 15 years to life in prison.

In California, murder is one of the most serious crimes a person can be convicted of. 187 (a). It states that murder is the unlawful killing or another. The first type of murder and the more serious murder charge is first degree murder. The punishments for first degree murder are death, life in prison without parole or a prison sentence of 25 years to life. The second type of murder charge is call second degree murder. The punishment for murder in the second degree is 15 years to life in prison. The individual facts of a person case will determine whether you are charged with first or second degree murder. If a person that is facing a murder charge hires a skilled Orange County murder defense attorney, their attorney will be able to go through the facts of the case and help defend the charge in court.

Facing a murder charge can be hard not only for the person facing the charge but for their families as well. It is important to protect your rights and your freedoms. It is imperative to hire a Santa Ana murder defense attorney to help you defend your charge.

Continue reading "Orange County Woman Convicted of Second Degree Murder" »

Bookmark and Share
June 8, 2010

Newport Beach Resident Charged with DUI and Hit and Run

Orange County- Newport Beach resident Richard Swanson is facing DUI and hit and run charges. It is alleged that Swanson was driving down Pacific Coast Highway when he hit someone and left. The 21 year old victim was rushed to the hospital and is expected to be fine. Police caught Swanson driving home in Newport Beach. He is charged with a felony DUI and hit and run with injury or death. He pleaded not guilty.

Driving under the influence of drugs or alcohol can be a serious offense. The offense becomes more serious one someone is injured. In California a DUI with an injury or death is considered a "wobbler". Whether it is charged as a felony or a misdemeanor depends on two things:

1. What the circumstances are of the individual case
2. And whether you have had a DUI before and how long ago was it.

Driving under the influence of drugs or alcohol with injury can be defined in the California Vehicle Code 23153(a). It states it is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. If convicted of a felony a person could face fines, restitution, and prison sentences.

Having a Newport Beach DUI attorney is imperative to defending a DUI charge. Since this charge is considered a "wobbler", it is important to hire an experienced Orange County DUI defense attorney that will help you defend your felony charge.

Continue reading "Newport Beach Resident Charged with DUI and Hit and Run" »

Bookmark and Share
June 3, 2010

Costa Mesa Actor Charged with Murder

Orange County - Costa Mesa resident Daniel Wozniak is facing two murder charges. He is accused of killing Costa Mesa resident Samuel Herr and Irvine resident Juri "Julie" Kibuishi. Wozniack first killed Herr and then dismembered his body. Next he lured Kibuishi to Herr's apartment by sent text messages to her. After he murdered the second victim it is alleged that he then withdrew two thousand dollars from Herr's bank account. Prosecutors will try to seek the death penalty against Wozniak. He faces life in prison without parole.

In Orange County violent crime charges like murder, are dealt with very harshly. The law that covers murder is found in the California Penal Code section 187(a). It states that murder is the unlawful killing or another. There are two kinds of murder: first degree murder and second-degree murder. The individual fact of a person's case decides whether they are charged with either first or second degree murder. The punishments for first degree murder are death, life in prison without parole or a prison sentence of 25 years to life. The punishment for murder in the second degree is 15 years to life in prison. A skilled Newport Beach criminal defense attorney will be able to go through the facts of each case and help you defend your murder charge.

Murder is considered on of the most serious charges in Southern California. The punishment for murder can change a person's whole life if they are convicted. It is imperative to retain an experienced Orange County murder defense attorney to help you defend your murder charge.

Continue reading "Costa Mesa Actor Charged with Murder" »

Bookmark and Share
May 26, 2010

Orange County Family Caught in Embezzlement Scheme

Santa Ana- Mel Wayne Campbell, a lawyer in Orange County and his wife and her brother were recently caught embezzling money from the car company KIA Motors America Inc The wife Cecile Nhung Campbell, an accountant who worked at Kia set up a fake corporation called U.S. Customs Service Detail. This company was meant to resemble the United States Customs Service. Cecile would make transfers from that account into a personal Wells Fargo Account. They all pleaded guilty to embezzlement. Cecile was faces 16 years in prison, her brother Long Ngo faces 12 years in prison, and Mel Campbell was sentenced to 4 years in prison. The trio stole around $889,000 from the car company.

Crimes like embezzlement, grand theft, identity theft, credit card theft, and Insurance fraud are considered white collar crimes. Embezzlement can be found in the California Penal Code 503. It states that embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted. Many times a charge of grand theft will come along with an embezzlement charge. Grand theft can also be found in the Penal Code under section 487. Grand theft has occurred when the amount of money or property stolen amounts to more than $400. These charges are considered felonies in California.

White Collar crime charges are very serious. The punishments include long prison sentences, fines, and restitutions. There can also be white collar crime enhancement added to the initial charges. It is important to hire a Newport Beach white collar crime defense attorney to help you defend your charge.

Continue reading "Orange County Family Caught in Embezzlement Scheme" »

Bookmark and Share
May 20, 2010

Anaheim Police Cadet Steals $225,000

Anaheim- Kainat Syeda of Buena Park was a police cadet for the Anaheim Police Department at the lobby traffic window. It is alleged that Syeda would take money from individuals, give them their release forms but put "no sale" into the cash register. None of the money went to the City of Anaheim. She was finally discovered by another cadet. She faces 44 felonies two of them being falsification and concealment of public accounts and theft exceeding $150K.

In California crimes like the ones listed above are considered white collar crimes. These crimes are most common among employees. White Collar crimes include; identity theft, grand theft, embezzlement, credit card fraud and healthcare fraud. The charge of falsifying and concealment of public records can be found in the California Penal code section 424(a)(3). It states that each officer of this state, or of any county, city, town, or district of this state, and every other person charged with the receipt, safekeeping, transfer, or disbursement of public moneys, who knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the same is punishable by up to four years in prison, and is disqualified from holding any office in this state.

White Collar crimes are dealt with very seriously in Orange County. A felony is very serious and the punishments can change a person's whole life. Many times people that have been charged with a white collar crime also lose their professional license. It is important to hire an Orange County white collar crime defense attorney or a Newport Beach professional license defense attorney.

Continue reading "Anaheim Police Cadet Steals $225,000" »

Bookmark and Share
May 17, 2010

Los Angeles Jeweler Caught in Insurance Fraud and Grand Theft

Westminster, Orange County - Los Angeles resident, Lior Bitton, the owner of Pacific Diamonds & Gems Inc. in Los Angeles claims a 4 carat diamond worth $99,000 was stolen. A jewel courier that worked for his office was robbed in Westminster. It is alleged that he claimed $256,000 worth of diamonds was stolen along with the 4 carat diamond. After giving a police report Bitton then filed a claim for the diamond with his insurance company. Soon after the claim was filed, it was discovered by police that the diamond was actually getting appraised in Israel at the time of the robbery. Police state that his courier did in fact get robbed, however it is alleged that the four carat diamond was not among the items stolen.

In California, Crimes like insurance fraud is among a group of crimes called white collar crimes. These crimes also include grand theft, Medicare fraud, credit card fraud, and identity theft. Insurance fraud is defined in the California Penal Code section 550(a). It states that the making of fraudulent claims as knowingly present or cause to be presented any false or fraudulent claim for the payment of a loss or injury, including payment of a loss or injury under a contract of insurance. California White collar crimes like insurance fraud are usually charged as felonies.

Since white collar crimes are felonies, the punishments can be harsh and if convicted, the consequences can effect a person's life and future. The punishments include long prison sentences, fines, and restitution. It is important to hire an experienced Westminster criminal defense attorney or a skilled Irvine white collar crime defense attorney to help you defend these serious charges.

Continue reading "Los Angeles Jeweler Caught in Insurance Fraud and Grand Theft" »

Bookmark and Share
May 15, 2010

Garden Grove Man Faces Trial for Murder

Garden Grove, Orange County - Orange County man, Jose Najera Jr. of Garden Grove will face trial for allegedly murdering his parents. It is alleged that Najera had a plot to stab his parents and take their money from their savings. His high school friend Gerald Johnson was convicted of murder and sentenced to life in prison without parole. The two of them had planned to take Najera's parents money that they had taken out of their savings account in anticipation to Y2K. Najera left his parents window open so that Johnson could enter the house. After stabbings it is alleged that Najera called 911 and pretended he had no knowledge of the murders. DNA left at the scene tied him to the murders.

Murder is considered one of the most serious crimes in the State of California and the charge comes with serious punishments. Murder is defined in the California Penal Code section 187. It is the unlawful killing of another. There are two kinds of murder: first degree murder and second-degree murder. The individual fact of a person's case decides whether they are charged with either first or second degree murder. The punishments for first degree murder are death, life in prison without parole or a prison sentence of 25 years to life. The punishment for murder in the second degree is 15 years to life in prison.

Being convicted of first or second degree murder is a serious charge. The punishments for murder can change a person's whole life. It is imperative to a person's case that the hire an experienced Orange County criminal defense lawyer or a skilled Santa Ana murder defense attorney to help you defend your murder charge.

Continue reading "Garden Grove Man Faces Trial for Murder" »

Bookmark and Share
May 9, 2010

Orange County Women Pleads Guilty to Murder

Orange County- Melissa Huckaby a former La Habra resident awaits trial for murder. It is alleged that Huckaby kidnapped, raped, and murdered an eight year old. The eight year old girl Sandra Cantu was a friend of her daughters. Her body was found in a suitcase in a pound a few miles from her house. Huckaby pleaded guilty to first degree murder and faces 25 years to life in prison without parole.

Murder is considered on of the most serious crimes in California. The punishments for murder are considered the harshest. Murder can be defined in the California Penal code section 187. It is the unlawful killing of another. There are to kinds of murder: first degree murder and second-degree murder. The individual fact of a person's case decides whether they are charged with first or second degree murder. The punishments for first degree murder are death, life in prison without parole or a prison sentence of 25 years to life. The punishment for murder in the second degree is 15 years to life in prison.

Since the punishments for murder are the harshest in our judicial system, it is imperative to a persons can to hire a highly qualified Orange County murder defense attorney to help them defend their murder charge.

Continue reading "Orange County Women Pleads Guilty to Murder" »

Bookmark and Share