Recently in Three Strikes Category

January 3, 2012

L.A. Arson Suspect Arrested

Los Angeles - Los Angeles Police arrested the man they believe was responsible for setting dozens of fires in the Hollywood area over New Years' weekend.

Harry Burkhart, 24, was booked on arson charges on Monday. He is a German national who has lived in America for several years, and, according to authorities, was apparently upset over his mother's pending deportation back to Germany where she is facing unspecified criminal charges.

Beginning Friday morning several fires were set in carports and apartments around Hollywood, along with a handful of similar fires set in the San Fernando Valley, and authorities say not since the 1992 L.A. riots has there been such a massive arson spree.

It was a Los Angeles County Sheriff's reserve deputy who spotted somebody who fit the suspect description at Sunset and Fairfax in Hollywood that led to the suspect's arrest, according to police.

It's quite possible the suspect could face harsher "aggravated" arson charges, explains Newport Beach criminal attorney Michael L. Guisti, because the suspect allegedly used devices to accelerate the fire and caused multiple structures to burn.

This is going to be a very high-profile case and the L.A. District Attorney is going to want to throw on every possible charge, says Guisti.

If the prosecution can prove the suspect started the fire with the intent of injuring other people and/or damaging property, or simply had the intent of causing damage, and the suspect had a prior arson conviction within ten years, along with causing damage in excess of $5,650,000, including the cost of fire department services, or the suspect damaged five or more "inhabited structures," explains Guisti, then the suspect could face life in prison.

In California they're two arson charges, Penal Code (PC) 451 "willful or malicious" arson and is a felony, and PC 452 "reckless burning," which can be charged either as a misdemeanor or felony, says Guisti.

Under PC 451 is what this suspect will likely be charged with, and PC 452 is generally reserved for offenses such as, for example, using fireworks in a brushy area that subsequently catches fire, says Guisti.

The main difference between the two, says Guisti, is PC 451 is typically the suspect means to set fire and cause damage, thus being malicious, and PC 452 is when you knowingly do something that greatly runs the risk of catching fire and you knowingly ignore that risk, thus you were being reckless.

With arson cases proving the suspect committed the crime can be very difficult.

Even though there may be circumstantial evidence if there is no direct evidence proving the suspect committed the crime then the jury has reasonable doubt, and if they have reasonable doubt California jury instructions says the jury must acquit, which is why if you or somebody you know are facing arson charges you need a professional lawyer, says Guisti.

If you're found guilty of arson you could face many years and possibly life in prison, have to register as a Convicted California Arson Offender, and possibly have to pay thousands in fines, says Guisti.

If you're being accused of an arson crime this is a very serious charge that could ruin your life, which is why you need to contact the Orange County arson attorney experts at the Law Offices of Michael L. Guisti.

We have over a decade of winning arson related cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Our goal is always to win our client's cases, so please call us now so we can work to get your life back on track.

August 25, 2011

Man Convicted of Robbery Sentenced to Prison for 22 Years

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.

February 16, 2011

DanaPoint man is indicted for murder in New Year's Eve fatal stabbing

Costa Mesa, Orange County - In a recent case review of an Orange County murder crime case, Michael Guisti, an Orange County criminal attorney and Santa Ana felony crime defense attorney, discussed the law and his opinions about this violent crime reported on the news in South Orange County.

Adam Randy Baker, 23, has been indicted on one California felony count of murder, one felony count of attempted murder and a sentencing enhancement for the personal use of a deadly weapon.

Baker is charged with a felony count of murder in the murder of Robert Sickles and a felony count of attempted murder of Sickles' friend, Brian McTeigue. According to Irvine Criminal defense lawyer at Law Offices of Michael Guisti, if Baker is convicted, he could be facing a maximum sentence of 23 years to life in state prison.

Also, the California Criminal Defense lawyer and Los Angeles Murder Defense attorney, Michael Guisti, states that defendant may face a minimum sentence of life without the possibility of parole.

The Huntington Beach criminal defense lawyer and the Westminster criminal attorney explained that under California law, murder is the unlawful killing of a human being with malice a forethought. In California, there are two degrees of murder. First degree murder is a second degree murder plus an aggravating factor, therefore it is punished more severely.

California criminal defense attorney
and Santa Ana criminal lawyer explains that under California Penal Code Section 190 (a), a conviction of first degree murder carries a sentence of imprisonment for a minimum of 25 years to life. If certain conditions are met, one can be sentenced to the death penalty. One of these conditions is murder committed after lying in wait. In addition, using a firearm to commit murder or any other California felony crime can increase the sentence by 3 to 10 years.


The Santa Ana attempted murder defense attorney
and Fullerton criminal lawyer further explains, whether it is first degree murder, second degree murder, attempted murder, three strikes, homicide or manslaughter, murder is the most serious of all crimes committed, and severely punishes those who violate or break the law. A conviction can and will destroy a person's life. It is imperative for an individual facing a murder charge to retain a highly qualified California murder defense attorney or Orange County felony crime defense lawyer who also has experience in high profile cases with a track record as quickly as possible.

At the Law Offices of Michael L. Guisti, we have highly experienced attorneys to help reach the best result possible. Our top Orange County criminal defense lawyers will inform you of your rights throughout the pre-trial process, explain the elements that the prosecutor needs to prove for a conviction, familiarize you with all possible defenses you can assert, and defend you in court.

Our law firm also represent defendants in all types of other related criminal charges such as appeals, domestic violence, assault and battery, murder, attempted murder, hit and run, DUI, drug crimes, white collar crimes, embezzlement, fraud, professional licensing defense, abuse, sex crime, appeals appeals, and habeas corpus.

Our Newport Beach felony defense attorney and Santa Ana felony defense attorneys have successfully defended defendants in Orange County, Newport Beach, Corona del Mar, Laguna Beach, Laguna Niguel, Santa Ana, Westminster, Huntington Beach, Fullerton, Garden Grove, Costa Mesa, Tustin, Los Angeles, Long Beach, San Diego, Riverside and San Bernardino.

Whether you have been wrongfully accused of a crime or want to avoid a difficult or unjust sentence, we are available day or night to come to your defense. From misdemeanors to serious felony crimes, the law offices of Michael L. Guisti has the experience and firepower to fight any criminal charges you may face.

Committing murder is a serious charge that has grave consequences. If you or someone you love has been arrested or charged with a felony in Orange County, Los Angeles, San Bernardino, Riverside or San Diego with murder as in the above story, call us today at our toll-free number at (888) 478-8999 for a free no-obligation consultation with our skilled Orange County criminal defense attorneys. You'll be glad you did.

September 24, 2010

Laguna Beach man charged with auto theft and grand theft

Laguna Beach, Orange County - Newport Beach criminal attorney and California criminal defense attorney Michael Guisti recently reviewed a case regarding auto theft crime. In this case, five cars' windows were smashed and valuables inside were stolen. The five cars were parked individually at different locations, but all of them were parked in underground parking structures. Some of the structures were gated while the others were not. Stolen property was left in plain sight in the car, including laptops, cell phones and other electronics.

A defendant who was accused of auto theft, smashes a car window and steals the valuables inside can be charged with auto burglary and can face severe punishment. Under California Penal Code Section 459, a person who enters a locked car with the intent to steal the property inside that car is guilty of burglary.

According to the Orange County criminal defense attorney, "enters" and "locked" mean that the defendant physically gained access to the property inside. It can either be accomplished by smashing a window, or reaching a hand inside an open car window to steal the property.

The Irvine criminal lawyer and Costa mesa theft crime attorney further explains that if the car doors are unlocked and the defendant nevertheless steals the valuable inside, the charge may be altered into trespass to chattel, which is a less serious crime because the force used to gain entry is eliminated. Judging from the value of the stolen property, auto burglary can be a misdemeanor or a felony. If convicted as a felony, a defendant may face up to 3 years in prison.

How can an experienced California criminal attorney help you in your theft crime defense in Orange County, Irvine, Newport Beach, Fullerton, Westminster and Santa Ana ?

If you or a loved one is charged with grand theft, fraud, embezzlement, white collar crime, petty theft, shoplifting, theft, first degree burglary, commercial burglary, auto burglary, criminal appeal, or any theft crimes in Orange County, irvine, newport Beach, Laguna Beach, Costa Mesa, Huntington beach, Westminster, Fullerton, Santa Ana, Los Angeles, San Bernardino, Riverside, contact our Orange County Theft crime defense lawyers in the Law offices of Michael L. Guisti as soon as possible. We will utilize every possible way to achieve the best result possible. Call our Santa Ana criminal attorney today at 714-530-9690 for a free consultation with our skilled California criminal lawyers.

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.

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

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.

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 " »

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 " »

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" »

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" »

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" »

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" »

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" »

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" »