Orange County Criminal Lawyer Blog

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.

City of Orange, Orange County - On Saturday evening a fight among seven people broke out inside a SUV that was pulled over on the 55 Freeway at Lincoln Avenue in the city of Orange, according to Orange Police.

When it was all over two people had to be taken to the hospital after being stabbed, according to police.

Police say it's unclear what started the fight and are still investigating.

Santa Ana criminal attorney Michael L. Guisti says it's very likely the suspect or suspects who allegedly stabbed the victims will likely face an assault with a deadly weapon charge.

Many people who find themselves under arrest for something like domestic violence or maybe a fight at a bar are often surprised when they're charged with assault with a deadly weapon, according to Guisti, because in the course of the crime somebody may have threatened to harm somebody with an object.

A lot of people think assault with a deadly weapon must involve a gun or knife, but any object used in a threatening matter that can result in injury qualifies as a deadly weapon, according to Guisti.

Guisti says using a gun in this case brings on separate charges.

Santa Ana criminal defense lawyer Guisti says it's very important to understand for you to be charged with this crime you don't actually have to assault somebody with a deadly weapon, only that you had the ability to, which is why this is a common charge in domestic violence cases and fights.

In addition to this crime it's possible to you can also face criminal threat charges, according to Guisti.

Assault with a deadly weapon is a "wobbler," which means it can be charged either as a misdemeanor or felony, according to Guisti.

Being convicted of assault with a deadly weapon can land you behind state prison bars for many years, which is why if you're facing this charge you must call the Law Offices of Michael L. Guisti right away at 714-530-9690 so we can get you the best possible outcome and you can go 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.

Irvine, Orange County - On Monday a man reportedly made criminal threats to campers in Trabuco Canyon saying he would "machine gun everyone," according to the Orange County Sheriff's Department.

Several campers called the sheriff's department to report the man, however by the time deputies had arrived the man had left the campgrounds located outside of Irvine.

Irvine criminal defense attorney Michael L. Guisti explains criminal threats under Penal Code (PC) 422 is when a person threatens to kill or physically harm someone and that person places that person in a state of reasonably sustained fear for their safety, and the threat is specific and communicated verbally, in writing, or via an electronically transmitted device.

Most importantly the fear by the victim must be reasonable and not fleeting, according to Irvine criminal defense attorney Guisti, for the criminal threat to stand.

Irvine criminal lawyer Guisti says nowhere in the report does it say he did or didn't have a gun on him, but even if he didn't have a gun on him it still qualifies as a criminal threat as everybody understood the threat to be real. Had this guy said something along the lines of, "I'm going to hijack an airplane and crash it into the camp," it would be difficult for prosecutors to prove the suspect was giving a creditable threat and the campers were actually put into reasonable, sustained fear, because the notion of some guy yelling he is going to crash an airplane into the park is unreasonable, according to Guisti. In this scenario, Guisti says, he could be charged at most with disturbing the peace.

Orange County criminal defense attorney Guisti says when he works to defend his clients against criminal threats he looks at whether the fear the alleged victim felt was unreasonable and if the threat really could be taken seriously.

Basically, says Guisti, he investigates whether his client actually made a threat and if the alleged victim was placed in reasonable fear, and if the answer is "no" to either question Guisti's clients are usually found not guilty.

Orange County criminal threat lawyer Guisti explains if the suspect is caught and admits to having a firearm on him while making the alleged criminal threats he could face firearm enhancement charges.

Making criminal threats is a "wobbler," which means it can be tried either as a misdemeanor or felony.

Guisti says if convicted a misdemeanor could land you up to a year in jail while a felony conviction of making criminal threats could land you up to four years in state prison.

If you're being accused of making criminal threats you must call the Orange County criminal threats defense attorney specialists at the Law Office of Michael L. Guisti right now at 888-478-8999 so we can review your case and get you the justice you deserve.

Gardena, Los Angeles - A 17-year old teenager has been sentenced to 9-months in juvenile camp after a gun crime while in school.

According to reports, the boy brought a loaded 9 mm Beretta to school on January 18, 2011. In class, while reaching inside the backpack, the gun had discharged striking a 15-year old boy in the neck and hitting a 15-year old girl in the head. Both were hospitalized.

The 17-year old teenager admitted to one felony count each of possessing a firearm in a school zone and discharging a firearm in a school zone.

An Orange County criminal attorney should always handle allegations of possession of a firearm and discharge of a firearm. According to our Weapons Violation Lawyer, Michael Guisti states that common charges that have to do with firearms include:

(A) Brandishing a Weapon (Penal Code section 417) defined as drawing a firearm or other weapon, and waving it in a threatening or rude manner. If convicted, this is punishable with a minimum of 30 days in jail, but that punishment goes up if the firearm is brandished in public; if the firearm is concealable or if the brandishing took place in front of a police officer;

(B) Carrying a concealed weapon (Penal Code section 12025), which is a wobbler. In other words, it can be a misdemeanor or felony, depending on the circumstances. California allows local law enforcement agencies to issue concealed weapons permits to people who qualify and have completed safety training. If you don't have such a permit, carrying a loaded, concealed weapon in public is a serious felony; and,

(C) Possession of firearms (Penal Code sections 12280-12282), which can include firearms that are illegal in California, or firearms that are legal but that you do not have permission to own. Many laws fall under this description, and carry felony or, more rarely, misdemeanor penalties.

As these types of cases are complex in nature, hiring the right lawyer can make a world of difference in your life. Sometimes price isn't the best barometer when hiring a competent, strong and powerful lawyer. It is knowledge, skill sets, and providing a track record in defending your complex case.

Our Orange County illegal firearm defense lawyer and Santa Ana firearms violation attorney further explains that by not having a license or permit to carry a weapon and violating these laws while serious has severe consequences including punishments of serving long prison sentences, paying fines, and restitution. It is important to hire a strong and powerful attorney to help you defend your weapon charges.

How can a Fullerton criminal defense attorney or a Westminster criminal lawyer help you defend your weapons violation crime charge?

Simple. With our wisdom, knowledge base and expertise, we can ensure that your legal matter will be properly defended at the highest level. At the Law Office of Michael Guisti our experienced firearms defense attorney has spent many years defending defendant's complex and complicated weapons and firearms violation crime charges.

Our California criminal lawyers have represented defendants all over Southern California; from Lake Forest, Mission Viejo, Laguna Niguel, Aliso Viejo, Newport Beach, Los Angeles County, Orange County, Beverly Hills, Irvine, Costa Mesa, Santa Ana, Anaheim, Garden Grove, and other cities obtaining the best results with the utmost care. Every legal matter is important which will require our legal representation. If you need a lawyer, I encourage you to call our office today and schedule a free and comprehensive consultation.

If you or a loved one is facing a weapons violation or firearm violation charge or any other misdemeanor or felony charges call our office today. Contact our skilled Orange County criminal attorney toll free at 1-888-478-8999 or visit our website at www.topcalifornialawyer.com for a FREE appointment. You'll be glad you did.

Irvine, Orange County - California Domestic Violence Criminal Defense Attorney at Law Office Of Micheal L. Guisti who successfully handle hundreds of Domestic Violence Cases has recently commented on a case where a 12-year veteran of the Orange County sheriffs department was arrested for domestic violence and spousal abuse.

Officer Travis C. Unholz, a 36 year old Trabuco Canyon resident was charged earlier this month with a felony domestic battery with corporal injury, a felony count of attempted possession of a firearm in violation of a protective order, two misdemeanor counts of child abuse, one misdemeanor count of violating a protective order and a sentencing enhancement of committing a crime while out of custody on bail for another criminal offense.

A disturbance call was made from Unholz' home on a Sunday night where Unholz had allegedly pushed his wife during an argument, causing her to fall to the floor and hit her head. Unholz' wife called a friend who notified the authorities.

Our Santa Ana Criminal Defense Lawyer and Irvine Domestic Violence Attorney states that, if convicted on all counts, Unholz may face a maximum sentence of six years and eight months in state prison.

According to Orange County Criminal Defense attorney and Irvine domestic violence attorney Michael Guisti, the charge of domestic violence can be confusing. Domestic violence or corporal injury on a spouse is defined in the California Penal Code section 273.5. It states that domestic violence has occurred when a person inflicts injury on their spouse or cohabitant. In California this is considered a felony domestic violence charge which means that if a person is convicted of this charge they could face a jail sentence, probation and restitution.

Our Fullerton Domestic Violence Defense Lawyer discuss that many people do not understand how serious a domestic violence charge can be. Many times a spouse will make a domestic violence accusation during an argument and then want to drop the charges. However, the district attorney may still press charges. It is imperative to hire an experienced Huntington Beach domestic violence attorney or an Orange County Criminal Attorney to handle your case.

How can a skilled Huntington Beach domestic violence defense lawyer or a Newport Beach criminal defense attorney to help you defend your Orange County domestic violence charge?

At the Law Office of Michael Guisti we have several years of successful experience of helping our clients to defend their domestic violence charges. Whether you live in Orange , Newport Beach, Irvine, Laguna Beach, Huntington Beach, Costa Mesa, Santa Ana, Fullerton, Westminster, Garden Grove, Los Angeles, San Bernardino, Riverside, or San Diego counties, contact our experienced Orange County Criminal Defense Lawyer today.

If you or a loved one is facing a domestic violence charge or any other criminal charge like assault, battery, murder, grand theft, robbery, petty theft, grand theft auto, DUI, or a drug charge call our successful Irvine criminal defense attorney today. Call our office toll free at 1-888-478-8999 or visit our website at www.topcalifornialawyer.com. You'll be glad you did.

Fullerton, Orange County - Fullerton criminal defense attorney and California criminal lawyer saw a news regarding a teenage boy was assaulted by someone with deadly weapon today. Here is an incident where as a parent, our body cringes everytime we hear, or read about a child, kid or teenager involved in a shooting let alone a possible gang-related shooting. It just breaks one's heart.

14-yearold teenager was shot several times while on the school grounds at a local elementary school in Fullerton. The incident could be gang-related. According to authorities, a male approached the teenager at Topaz Elementary school and shot the young boy. The victim survived and the perpetrator remains at large. Investigation is ongoing.

According to the Orange County assault and battery attorney and Santa Ana criminal attorney Michael Guisti that if the perpetrator was caught, he could be charged with a variety of crimes including, but not limited to, assault with a deadly weapon, aggravated assault, attempted murder according to P.C. 187 with sentencing enhancements.

The Irvine criminal defense attorney explains that in California, if it is suspected that a crime was committed for the benefit for a gang, the district attorney can decide to add a charge which is called a gang enhancement. The law that covers gang enhancements is defined in the California Penal code section 186.22.

The Newport Beach criminal attorney further explains that the law states that any person committed of a felony in California can have their sentenced enlarged if it was to benefit the gang.
If you have committed a felony for the gang, you could face an additional 4 years of prison time. The main crime that was committed was assault with a deadly weapon. This charge is defined in the California Penal Code section 245 (a) (1). It states that assault with a deadly weapon has occurred when Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury.

Assault with a deadly weapon is considered a felony in California. This means that a person convicted of assault with a deadly weapon can get up to four years in prison and have to pay a fine of up to $10,000. It is imperative to hire an experienced Santa Ana violent crimes defense attorney if facing a criminal charge like assault with a deadly weapon.

How can an experienced Irvine assault defense lawyer or a Costa Mesa criminal defense attorney help you?

At the Law Office of Michael Guisti we have spent many years representing clients with their violent crime charges such as assault, battery, murder, and assault with a deadly weapon. We have helped clients in Orange County, Los Angeles, Irvine, Costa Mesa, Westminster, Fullerton, Beverly Hills, Newport Beach and many other Southern California cities.

Our highly qualified Irvine criminal defense attorney has been successful defending clients in their felony and misdemeanor case. Many times our attorney has been able to reduce charges or get it dismissed.

If you or someone you know is facing a criminal charge like assault with a deadly weapon or another misdemeanor or felony charge like drug crimes, rape, domestic violence, grand theft auto, petty larceny, or a white collar crime like grand theft call our office today. Our Orange County criminal defense attorney can be contacted at (714)530-9690 or visit our website at www.topcalifornialawyer.com. You'll be glad you did.

Santa Ana- Anthony Trujillo of Santa Ana led police in a pursuit. Police spotted the vehicle that Trujillo was divining and suspected it to be stolen. After running the plates they found that the car had been reported stolen in Los Angeles. Police tied to pull the car over, but Trujillo sent police on a pursuit instead. When police finally pulled him over, they discovered a loaded gun and a child in the back seat. He was arrested on possession of a firearm, evading police, unlawful taking of a vehicle and child endangerment.

In California crimes like grand theft auto, robbery, burglary, unlawful taking of a vehicle, larceny, and petty theft are considered theft crimes. The unlawful taking can be defined in the California Vehicle Code section 10851 (a). It states that Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing shall be punished by imprisonment in a county jail for not more than one year or in the state prison or by a fine of not more than five thousand dollars , or by both the fine and imprisonment.

In California the unlawful taking of a vehicle is considered a "wobbler". This means it could be charged as a felony or a misdemeanor. The facts of your individual case will determine which one you are charged with. It is imperative that a person facing this crime retain an experienced Santa Ana theft crimes defense attorney to defend you.

Continue reading "Santa Ana Gang Member Caught for Carrying a Concealed Weapon and Unlawful Taking of a Vehicle" »

Santa Ana, Orange County - A gang member, of Santa Ana, was convicted of felony Assault with Deadly weapon for attacking a grandmother with a firearm during home invasion robbery. He'll be sentenced at West Justice Center in Westminster court.

He was also convicted of felony aggravated assault and battery with firearm causing great bodily injury, assault with a firearm, felony first degree robbery, felony false imprisonment by violence, and felony first degree residential burglary, elder abuse, street terrorism, and sentencing enhancements for criminal street gang activity.

Carlos Martinez, entered a Santa Ana home and assault the grandmother and mother with firearm. He was charged with prior strike for robbery. He is facing two life terms in prison.

HUNTINGTON BEACH, Orange County - Huntington Beach surf legend, Joey Hawkins, was arrested for drug crime and gun crime. He has been charged with being under the influence of methamphetamine (meth) while having an unlawful firearm with him in Huntington Beach.

He was charged with 2 felony counts of drug possession, possession of methamphetamine and illegal firearms.

He was also charged with misdemeanor counts of being under the influence of drugs and possession of controlled substance. He also has an sentensing enhancement for having a gun while committing a felony.

He doesn't have any prior felony criminal record in Orange County, is held in Orange County jail. The next court hearing is set in the Westminster Courthouse.

GARDEN GROVE, Orange County - Orange County register reports a juvenile crime at Tuesday night involves with gun shots happened in Garden Grove, Orange County. No suspects have been found or identified yet.

Garden Grove, Orange County Police officers arrived the scene where the gun shots happened. When they responded to the gun fire, the police officers found two juveniles were shot and six bullet casings were also found after they got to the reported scene.

The gun shot was reported not related to the previous shooting in which two juveniles were shot in the leg.

Officers responded to Garden Grove gun fire on Tue and found two juveniles were shot when they arrived. Both young victims were taken to the hospital and it reported the injuries were not life threatening.

The details of the victims were not released and police suspected that the incident could relate to gang crimes.

Juveniles are the young people under the age of eighteen years old. They could be prosecuted the same ways just as adults.

And to parents surprise most of the time, that prosecutors can be as tough and aggressive to the juveniles as they are to adults.

Under the new California juvenile law, minors with charges of violent crimes can be treated as adults without a hearing before a juvenile judge.

Continue reading "Orange County Juvenile Crimes" »