Orange County Criminal Lawyer Blog

Laguna Beach, Orange County - A 46 year old law student was arrested last weekend on two felony counts of domestic violence and assault with a deadly weapon, two misdemeanor counts of cruelty to animals and violation of a restraining order.

Irvine criminal attorney Michael L. Guisti explains they're a lot of issues at hand here one of which is assault with a deadly weapon, commonly known as ADW.

Guisti explains under Penal Code (PC) 245(a)(1) ADW is, "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."

For the Orange County District Attorney to decide whether or not to file ADW charges their office will look at, the type of weapon or object used to commit the alleged ADW, if the person you allegedly assaulted sustained any injury and if so the severity of the injury, and the DA will also consider the victim, if it was your spouse, boy/girlfriend, etc, according to Guisti.

ADW is a "wobbler," which means it could be charged either as a misdemeanor of felony.

As to violating the restraining order, Guisti goes on to say, this is very serious and as to the punishment it depends on the type of restraining order, if it was an emergency protective order or Domestic Violence Protective Order (DVRO).

It's important to note that if you have a DVRO against you federal law prevents you from owning firearms, says Guisti.

If you have a DVRO or emergency protective order against you a professional Southern California domestic violence attorney can help remove it and have the court hear your side of the story, say Guisti.

When it comes to restraining orders, Guisti stresses, it's always very important to obey them until the court says otherwise, because you could create major problems if you disobey the order.

If you've been arrested for domestic violence contact our Orange County domestic violence attorney specialists at the Law Offices of Michael L. Guisti at 888-478-8999 and we'll work on your behalf to get you the best possible outcome so you can go on with your life.

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.

Brea, Orange County - Two men reportedly robbed a man near the Brea Mall at gunpoint on Wednesday evening, according to Brea Police.

One of the men brandished a handgun as they demanded money from the victim and left the scene with an unknown amount of money, according to police.

Fullerton criminal attorney Michael L. Guisti explains what sets robbery apart from other theft crimes like burglary and shoplifting is the suspect directly takes property from another person using fear, threats and force, and using a gun to take another person's money fits that definition.

Where as burglary is where you plan to enter a building to commit a crime and shoplifting is being inside a store taking items that could result in petty theft or grand theft, Guisti explains, robbery is going right up to the person and fearfully and forcefully taking their possessions.

Fullerton criminal lawyer Guisti explains since the suspects in this Brea case allegedly used a gun they face the possibility of a major sentencing enhancement under California's "10-20-life 'use a gun and you're done'" law, which subjects the suspects to an addition and consecutive sentence of ten years in prison for "using" a gun.

Guisti explains they're a couple defenses that could be used, the first is examining details of the case and see if "fear and force" was really used, because if there was no fear or forced used the suspects cannot be charged with robbery.

Also, if no gun is recovered and the suspects claim they never used a gun then it becomes very difficult for prosecutors to push ahead with the "10-20 life" sentencing enhancement, according to Guisti.

Guisti explains that alleged theft victims sometimes embellish stories to authorities hoping either for a faster police response or perhaps to cover up an embarrassing gaff on their part, such as leaving an item, like a wallet or iPod, out in the open on a table and walking away for a few seconds giving thieves the opportunity to grab the item when the victim is away. In a situation like this, Guisti goes on to say, the person or persons who seized upon the opportunity and stole the item cannot be charged with robbery since no fear and force was used, which means if caught they could face a lessor misdemeanor charge rather than a felony charge.

This is why it's important to hire a professional Orange County theft crimes attorney who can examine the case and make sure the DA, judge and jury hears your side of the story backed up by evidence, according to Guisti.

If you're facing robbery charges or other theft crime charges call the Law Office of Michael L. Guisti at 714-530-9690 right away.

Fullerton, Orange County - Fullerton drug crime defense attorney Michael Guisti, who has many years of successful experience handling California drug crime cases in both federal and state court commented on a news article regarding a Fullerton drug possession and guns possession case happened recently.

Thomas C. Morehouse, and his wife Marsha L. Morehouse, are arrested for drug and weapons possession charges after the local police raided the apartment in Fullerton. While serving a search warrant, the detectives found seven rifles and shotguns, three handguns, thousands of rounds of ammunition, several high-capacity magazines, two pounds of methamphetamine and 20 pounds of marijuana.

Thomas Morehouse is charged with 15 felony counts of possessing a controlled substance with intent to sell, possession for sale of marijuana and possession of a firearm by a felon. Marsha Morehouse is charged with four felony counts of possession of a controlled subjstance with intent to sell and possession for sale of marijuana.

The Orange County drug crime defense attorney confirms that possession of marijuana for sale can be defined in the California Health and Safety code 11360 which states that every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished by imprisonment in the state prison for up to four years.

The Huntington Beach Drug crime Attorney Guisti further explains that possessing marijuana and possessing marijuana to sell are dealt with differently. Possessing marijuana is considered a misdemeanor in California, but possessing marijuana to sell it is a felony and usually means a jail sentence.

Having a drug charge on your record is serious. It will have negative effects on all parts of your life. Since possession with the intent to sale is dealt with so much more harshly than just possession, it is imperative to your freedom is protected and that you hire a skillful and aggressive Orange County criminal defense lawyer.

Now, let's address the guns, rifles and the shotguns with magazines and thousands upon thousands of rounds of ammunition.

As cited in Penal Code 12021 PC, California's "felon with a firearm" law, specifically revokes a person's constitutional right to bear arms if that individual is addicted to any narcotic drug.

It appears that there is some stereotype correlation between drug addiction and gun possession. If arrested for Penal Code 12021 PC, California's "felon with a firearm" law, based on an allegation that you are addicted to a narcotic, it is imperative to consult with a criminal defense attorney who thoroughly understands California's laws relating to both drug crimes and firearm offenses as seen with this story.

Why is it important to hire a licensed, highly aggressive and experienced criminal lawyer?

At the Law Offices of Michael L. Guisti, 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 your rights 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 clients 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.

If you or someone you know and love has been arrested or charged with a felony in Orange County, Los angeles, San Bernardino, Riverside or San Diego, 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.