Orange County Criminal Lawyer Blog

Los Angeles - Captain Jack Sparrow, Catwoman and a space alien got into a brawl this past week in Hollywood, which left Captain Jack with minor injuries that could result in assault and battery charges.

That is according to the Los Angeles Police Department who say the costumed characters of Hollywood Boulevard who hustle tourists for photographs got into some kind of scuffle in front of the Kodak Theater.

The fight ended with the Captain made famous by Johnny Depp in "Pirates of the Caribbean" being pepper-sprayed by Catwoman, according to the L.A.P.D.

No arrests have been made and the L.A.P.D. is still investigating what the whole fight was about.

These faux superstars of Hollywood may face charges of assault and battery once the L.A.P.D.'s investigation is complete, says Santa Ana criminal attorney Michael L. Guisti.

While for most tourists the characters of Hollywood Boulevard adds on to the kitsch value of Hollywood, but for the city of L.A. these people playing dress-up and asking for photographs have been a thorn in the city's side, which is why if police find wrongdoing they'll likely face such charges, explains Guisti.

The crime of assault is, defined under Penal Code 240, as, "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another," or simply means you didn't physically touch somebody, but you had the ability to carry out the assault, explains Guisti.

Now the crime of battery is when you make physical contact with somebody and it was done in a harmful matter, says Guisti.

Police are still sorting out the details, but with a few people involved in the fight it's possible somebody was trying to stop the fight, otherwise using Mutual Combat, says Guisti.

Mutual combat is a defense when the person who started the fight tries in good faith to stop the fight, made that intention clear and gives the other person the chance to stop fighting, explains Guisti.

In June 2010 the L.A.P.D. aggressively stepped up enforcement on the characters by citing and arresting the masked men and women for charges ranging from panhandling, loitering and harassment, but in November 2010 a federal court judge issued an injunction against Los Angeles Police from harassing and arresting people who dress up like famous people along Hollywood Boulevard on grounds it violated their protected speech.

If you were involved in a fight it's very important you contact our Orange County assault and battery attorney experts at the Law Offices of Michael L. Guisti so we can keep you out of jail.

For over a decade our expert defense attorneys have won cases for our clients accused of assault and battery in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Anaheim, Orange County - Authorities are searching for a man wanting for a home-invasion robbery Thursday morning in Anaheim.

The Orange County Sheriff's Department says the homeowner confronted a man who was attempted to steal birds from the homeowner's backyard, and that is when the suspect pulled out a firearm and invaded the man's home.

At one point the suspect put the gun to the man's head and the man pleaded for his life, at which point the suspect took a computer and cell phone, along with the family's dog, according to the sheriffs'.

They're a lot of serious charges here and the suspect could face up to several years in prison, says Santa Ana criminal attorney Michael L. Guisti.

The suspect will likely face charges of burglary, robbery, firearms charges, assault with a deadly weapon and assault, explains Guisti.

Many people think burglary and robbery are of the same charge and same crime, but they're very different crimes with different punishments, and should you ever find yourself involved in a theft crime it's important to know the difference, explains Guisti.

Now robbery under California law, according to Guisti, is when you take property that didn't belong to you from the owner's personal possession or immediate presence against that person's will using some kind of force or threat. Basically, robbery involves taking something directly from a person.

Now burglary is when you enter a structure with the intent to commit a felony or petty theft once inside, says Guisti.

When a person enters another's person's home to rob them it's burglary since there was the intent to commit theft and/or other crime, according to Guisti.

Now since a suspect illegally entered a residence it's assumed that he/she is going to commit a felony, but, Guisti goes on to say, in shoplifting cases police tend to add on the charge of commercial burglary, but it's not always clear-cut if the suspect intended on committing the crime before entering the store.

Many shoplifting cases are on impulse, meaning a suspect enters a store with no intention of shoplifting, but perhaps an opportunity presents itself and the suspect acts on it, but gets caught, explains Guisti.

Now, Guisti goes on to say, police may ask if the suspect thought about doing this before coming to the store today, and the suspect, unaware of these laws, may just answer "yes" even though he/she had no intent to shoplift before entering the store, but by answering "yes" the suspect now invites robbery charges.

If you've been involved in a theft crime it's important to contact our Orange County theft crimes attorney experts at the Law Offices of Michael L. Guisti who can see to it you're not overcharged.

Our expert defense lawyers have over a decade of successful experience winning theft crime cases for our clients in the Orange County courts of Newport Beach, Westminster, Santa Ana and Fullerton.

So please, call us now.

San Clemente, Orange County - Three men have been arrested for attempted murder following a fight in San Clemente last Friday.

Witnesses says they saw up to 12 people fighting in a parking lot, and the Orange County Sheriff's Department says it's unclear what started the fight.

One teenager was taken to the hospital after being hit in the head with a brick, according to sheriff investigators.

That victim's father lives nearby and was awakened when he heard his son being beaten, which he went outside and intervened throwing the suspects off his son and taking his son back to his house, according to sheriff detectives.

For there to be attempted murder charges there has to be two elements, that the suspects took at least one "direct step" towards killing another person, and that they intended to kill that person, explains Irvine criminal attorney Michael L. Guisti.

In this case the direct step would likely be using the brick to kill the suspect, but the victim's father stepped in preventing his son from being killed, says Guisti.

Now the second element of attempted murder is the intent to kill, which can be difficult to prove, according to Guisti.

Chances are somebody in this large group told detectives that there was a plan or intent to kill this victim, which is likely why the three suspects are being charged with attempted murder and not assault and battery, says Guisti.

One of the things detectives, prosecutors and criminal defense attorneys look at is where on the body the victim was attacked with the weapon, and if the victim was attacked in a non-vital area of the body it can be argued the suspect was only intending to injure the victim, explains Guisti.

As well this is one of these crimes where what you say to detectives could be constructed as attempted murder even if that wasn't the case at all, which is why it's always best to invoke your right to remain silent until your defense attorney is present, says Guisti.

As one would expect attempted murder is a very serious felony charge and if convicted the suspects could face life in prison, says Guisti.

If you're facing attempted murder charges you need to call the Orange County murder attorney experts right now at the Law Offices of Michael L. Guisti.

This is a charge that could send you to prison for the rest of your life, but our Orange County criminal attorney experts have over a decade of experience successfully reducing and even dismissing charges of attempted murder in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

Your life is on the line, so please, call us now.

Anaheim, Orange County - An Anaheim man is under arrest for murder following a domestic violence situation on Christmas, according to Anaheim Police.

Police responded to a call of "loud yelling" around 9:30 a.m. on Sunday, Christmas morning, and discovered the victim was having medical problems and called for paramedics, and the victim was later pronounced dead due to injuries as a result of her husband's domestic violence, according to police investigators.

Police believe this is not the first time the victim has been involved in a physical domestic violence situation with her husband.

Holidays are a very stressful time for the families and regrettably this time of year, in what should be a very joyful time for families, there is a major rise in domestic violence, says Santa Ana criminal attorney Michael L. Guisti.

Now unfortunately the case here in Anaheim is an extreme case that sounds like problems have been ongoing for awhile, but in many domestic violence situations this time of year sometimes the pressure of the holiday can cause some people you wouldn't expect to snap, and suddenly a whole new problem begins, explains Guisti.

It's very important to understand if you were arrested for domestic violence it's very possible they're several different domestic violence charges you could face, such as corporal injury on a spouse, criminal threats, assault, battery and even having to deal with a restraining order, says Guisti

What can be most devastating of all is having to face jail or even prison time.

Domestic violence is taken very seriously by the courts and it's always important to have an attorney who can not only work to reduce charges, but work to get you and your family much needed help to help heal and move on from this incident and build better family bonds, explains Guisti.

A very important point, perhaps if you and your significant other have "made up," and the victim doesn't wish to press charges, the courts in domestic violence situations are very persistent in pushing ahead with charges regardless, and that is why you need to retain an attorney, says Guisti.

Many domestic violence cases aren't as cut-and-dry as they may seem and each incident has two sides to the story, and the Orange County domestic violence attorney experts at the Law Offices of Michael L. Guisti will see to it your side of the story is fairly heard.

Our law office has over a decade of experience dealing with even the most difficult of domestic violence cases in the courts of Southern California.

Our goal is to always win our cases for our clients, which is why you need to call us right now at 888-478-8999 so we can help you get back on with your life.

Laguna Hills, Orange County - Laguna Hills is the latest Orange County city on the verge of passing a law banning convicted sex offenders from all city parks.

City officials are still working out the details, but if the measure passes, as is expected, most serious sex offenders would be banned from Laguna Hills' park.

If caught breaking this law the registered sex offender could face a misdemeanor charge of up to six months in jail and a fine of up to $500 or both.

Irvine, Yorba Linda, Westminster and Huntington Beach have passed similar bans within the last year.

Even though the city has loosely defined those to be banned from their city parks as "serious sex offenders" Santa Ana criminal attorney Michael L. Guisti explains Laguna Hills should define the level of sex offenders who are to be banned from city parks, because if the city approves a law banning all sex offenders that could easily include somebody who was caught urinating or a couple who were caught in public doing more than making out.

Guisti says he clearly understands the reasons cities have enacted this law, but some proposals in Orange County would prevent low-level sex offenders who are parents from taking their children to the park, or from somebody being barred from seeking employment say at a job fair at a park or even from voting if the polling place is at a park, all of which poses the larger constitutional problem with these laws.

To avoid problems like this right now it may be best for a registered sex offender to seek an expungement and to get off the registered sex offender list, say Guisti.

With cities here in Orange County and across the country looking to ban sex offenders from parks and other public places the feeling among the legal community is at some point the question of the rights of sex offenders will probably make it to the U.S. Supreme Court, says Guisti.

Should these laws affect you, Guisti says, you're just going to have to wait until the issue is fully answered and clarified in the higher courts, and as much as it may not seem fair it's best that you fully obey these laws to avoid any further problems.

Sex crimes are taken very seriously in the courts and just an accusation can quickly ruin your reputation, which is why if you're being accused of this crime you need to contact the Orange County sex crimes attorney experts at the Law Offices of Michael L. Guisti right away at, 888-478-8999.

We have a very successful track record of winning even the toughest sex crime cases for our clients, which is why you must give us a call now so we can prepare to win your case and you can go on with your life.

Seal Beach, Orange County - A suspect has been arrested in a home-invasion robbery of a 90-year-old woman in Seal Beach, according to the Orange County Sheriff's Department.

On Wednesday morning the elderly woman walked out of her home to get her newspaper, and that is when two men confronted the woman with one of them holding a handgun against the woman's neck, according to sheriffs'.

The woman was tied to a chair and her head was covered with a towel while the men searched the home for valuables, according to sheriff investigators.

Anytime there is a home robbery it is always charged as a felony first-degree robbery, says Westminster criminal attorney Michael L. Guisti.

The crime of robbery, explains Guisti, is taking property that didn't belong to you from that owner's personal possession or immediate presence against that person's will using some kind of force or threat.

First degree robbery is when a suspects robs a bank, robs a house, robs somebody using an ATM or robs a business, and second-degree robbery is basically something like mugging, according to Guisti.

A conviction of first-degree robbery that was done with another suspect carries a sentence between three-to-nine years in a state prison.

The suspect also faces the serious charge of burglary and, according to Guisti, will likely face the felony charge of first-degree burglary.

Burglary, says Guisti, is when a suspect planned to commit a felony or petty theft before entering a store or house.

First-degree burglary is always charged as a felony, says Guisti.

Second-degree burglary is typical found in shoplifting cases and other commercial burglary cases, but, explains Guisti, unlike first-degree burglary there is a very good defense on whether or not you really thought about committing a crime before going inside the commercial building, or if you just took advantage of what you thought was a perfect opportunity to stuff an item in your pants.

If the suspects are convicted of first-degree burglary they could face between two-to-six years in prison, according to Guisti.

Burglary and robbery are very serious crimes with severe punishments if convicted, and that is why if you or somebody you know are facing these charges you need to call the Orange County theft crimes attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

Even with serious charges against you understand our decade of experience shows we get our client's severe criminal charges successfully dismissed, reduced or found not guilty in the courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

So please, give us a call so we can begin putting these serious charges behind you.

Laguna Niguel, Orange County - A custody dispute in Laguna Niguel between a man and woman ended with the man being arrested and charged with assault, battery, assault with a deadly weapon, child abuse and child endangerment, according to the Orange County Sheriffs'.

It is believed during the dispute the man had a knife, according to authorities.

Irvine criminal attorney Michael L. Guisti says they're a lot of major domestic violence issues here with very serious charges and the first thing the suspect needs to do is contact a professional Orange County domestic violence defense attorney who can work with the district attorney to reduce or dismiss these charges, or possibly work out a plea deal.

This could be a case where law enforcement is overcharging the suspect, which isn't all that unusual in case domestic violence cases, says Guisti.

Now assault and battery are two different charges, where assault is you didn't make physical contact with another person however you had the present ability to commit a violent injury on another person, and battery is when you actually make physical contact with somebody, say Guisti.

It's very important to note that battery charges can be brought up if you just tap somebody as long as it was done in a harmful matter, according to Guisti.

In domestic violence situations just putting your hand on the other person even if it wasn't done in a harmful matter can warrant battery charges, says Guisti.

Assault with a deadly weapon, commonly known as ADW, is assault upon another person with a deadly weapon or instrument, other than a firearm, or by any means of force likely to produce great bodily injury, says Guisti.

In this case it appears the knife would sustain a charge of ADW, Guisti says.

Under Penal Code (PC) 273d child abuse is the corporal injury or punishment on a child, and while they're other crimes concerning sexual abuse and emotional abuse of children PC 273d deals specifically deals with the physical abuse of a child, according to Guisti.

Since the suspect is being charged with this somebody told sheriff investigators a child was harmed by the suspect, says Guisti.

The crime of child endangerment is separate from child abuse and it's when a suspect inflicts unjustifiable physical pain or mental suffering on a child, or allow the child's health to suffer injury, or causes or allows the child to be in a situation where his/her body or health may be endangered, according to Guisti.

A domestic violence defense attorney will work to reduce charges and even question whether such charges actually happened, because in many domestic violence situations stories are often embellished, according to Guisti.

When you have a "he said, she said" situation it becomes difficult to prove and in this case there is only the report of what one person claimed to have happened, says Guisti.

Each of these charges are "wobblers," meaning they could be charged either as a misdemeanor or felony, and if convicted the suspect could face many years in jail or state prison and have limited contact with his children, says Guisti.

If you're facing such charges it's important to contact our Orange County domestic violence attorney experts right away at the Law Offices of Michael L. Guisti at 888-478-8999.

We have over a decade of experience and successfully winning even the toughest domestic violence cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego, so please give us a call so you can get back on with your life.

Fullerton, Orange County- Fullerton authorities are looking for a man accused of a sexual battery crime near Fullerton College last month.

Police say the suspect, who is believed to be a Fullerton College student, reached under the victim's skirt and forcefully grabbed her buttocks and genital area.

Fullerton criminal attorney Michael L. Guisti says the crime of sexual battery is when a person unlawfully touches another person for the purpose of sexual arousal, sexual gratification, or sexual abuse, and under Penal Code 243.4 this crime is a "wobbler," which means it can be charged either as a misdemeanor or felony.

How is crime was committed will make all the difference in whether this suspect is charged with a felony or misdemeanor, according to Guisti.

In most misdemeanor cases usually the "touch" occurs over the victim's clothing and in many of these cases it's made to appear "accidental," where as in most felony cases the "touch" is usually over the victim's bare body, says Guisti.

In this incident near Fullerton College the suspect will likely face felony sexual battery charges since he allegedly made an attempt to "touch" the victim's bare skin, according to Guisti.

If you or anybody you know are ever facing these charges, Guisti says, it's very important to contact a professional attorney who can work out a defense for you, because, even though it may not seem so, you do have defense options.

If convicted of felony sexual battery the suspect could face between two to four years in a state prison, up to a $10,000 fine, probation and having to register as a sex offender for life.

If you're facing sexual battery charges contact the Orange County sex crimes attorney experts at the Law Offices of Michael L. Guisti right away at 888-478-8999.

We'll work on a winning defense for you, and our record shows we have over a decade of successfully winning cases for our clients.

Garden Grove, Orange County - A Garden Grove police officer was run over with a car during a traffic stop on Wednesday morning and authorities are searching for the suspect who is now wanted for attempted murder.

The suspect was pulled over for not wearing a seat-belt and, according to police, the suspect, 28-year-old Marcos Gonzalez, was acting nervous, so the police officer asked him to step out of the car.

Gonzalez stepped out of the car, but for no apparent reason he got back into the car, started it up and put the car in reverse knocking the police officer down with the car door, and then running over him, according to police.

The officer is in moderate condition at a local hospital.

Westminster criminal attorney Michael L. Guisti explains that attempted murder is a very serious charge that could send the suspect to prison for the rest of his life.

The Orange County prosecution must prove two things in this case, that the suspect took at least one direct step towards killing another person, and that he intended to kill that person, according to Guisti.

For prosecutors it's usually easy to prove the first step of directly killing somebody, but, Guisti says, proving the second element is always a bit tricky, because in many attempted murder cases perhaps the suspect was looking to only injury the person.

Basically, Guisti says, if you didn't intend to kill the person then there is no attempted murder case.

In this case the prosecution is going to need to prove the suspect intended to kill the Garden Grove police officer, says Guisti.

While allegedly running over a police officer would seem like attempted murder, an experienced Orange County criminal defense attorney could show the judge the intent of the suspect was to only assault the officer, which, while still a very serious charge, is a lessor serious charge.

If you or somebody you know is being accused of attempted murder you must contact our Orange County homicide attorney experts at the Law Offices of Michael L. Guisti at 888-478-8999.

Claiming you performed attempted murder and proving you actually did perform attempted murder are two very different things, which is why you must contact our professional lawyers right away.

Seal Beach, Orange County - The suspect in the Seal Beach salon massacre was charged Friday with eight counts of murder and one count of attempted murder by the Orange County District Attorney.

Last Wednesday afternoon suspect Scott Dekraai of Huntington Beach allegedly went on a shooting rampage, which authorities attribute to a bitter custody dispute between Dekraai and his ex-wife, Michelle Marie Fournier, 48, who was one of the victims.

People who know Dekraai claim the shooting could have also been the result of post traumatic stress disorder after Dekraai witnessed his shipmate killed in a boating accident in 2007. That accident also left Dekraai injured to the point where he had to go on disability.

The Seal Beach salon shooting is the deadliest mass-shooting in Orange County history.

Irvine criminal attorney Michael L. Guisti says given the circumstances and high-profile nature of this case the suspect's best option may be to use the insanity defense.

To be found not guilty by reason of insanity Dekraai's criminal defense lawyers are going to have to prove either, Dekraai didn't understand the nature of his actions, or the suspect couldn't distinguish between right and wrong at the time of the crime, according to Guisti,

Guisti stresses that being found not guilty by reason of insanity is not a "get out of jail free card," rather the judge will sentence the defendant to a state medical facility until the defendant is found sane by a judge. When a defendant is found sane by a judge could take many years, and in many cases the defendant spends the rest of life at the medical facility, according to Guisti.

Prior to the Seal Beach incident the deadliest mass-shooting in Orange County history was in 1976 at Cal State Fullerton when custodian Edward Charles Allaway opened fire at the university's library killing seven people and injuring two people.

Guisti says in that case Allaway was found not guilty by reason of insanity and was ordered to Patton State Hospital in San Bernardino.

In 2003 a judge deny freeing Allaway claiming he still posed as a danger to society.

If you or somebody you know are facing murder charges, or any kind of criminal charges, it's very important to contact our Orange County murder attorney specialists at the Law Offices of Michael L. Guisti at 714-530-9690 so we can get you the best outcome and you can go on with your life.

Fullerton, Orange County - A 21-year-old Fullerton woman has accepted a plea deal for the death of her newborn son on Monday, in which she will not be charged with murder, but had to plead guilty to felony child abuse.

Yanira Bernice Valderrama concealed her pregnancy from her family and gave birth to the baby in the family's bathroom. It was there where she submerged the newborn in the toilet and soon after wrapped it in a t-shirt and left him in a garbage can in her bedroom where Valderrama's mother later discovered the newborn, according to the District Attorney.

Fullerton criminal attorney Michael L. Guisti says felony child abuse is a very serious charge, but compared to facing murder charges this is a fairly good deal and underscores the importance of having a experienced defense attorney.

The big thing here, Guisti goes on to say, is time in prison as murder charges can potentially lead to life in prison where as felony child abuse charges only carry a maximum of six-years in prison.

During the sentencing phase the judge is going to have to consider her past criminal history, so it's possible the judge may not give Valderrama the maximum sentence, says Guisti.

Guisti points out that child abuse under Penal Code (PC) 273d, which Valderrama pleaded guilty to, only deals with the physical abuse of a child and not any sexual abuse or emotional abuse of a child, and both of those are covered under separate PC sections.

Under PC 273d child abuse is a "wobbler" and can be charged either as a misdemeanor or felony.

If you're facing murder charges or child abuse charges this is very serious and you must contact the Law Offices of Michael L. Guisti Orange County child abuse attorney and Orange County murder attorney specialists at 888-478-8999 right now.

Our experienced Orange County lawyers will work to get you the best possible deal.

Santa Ana, Orange County - Two Fullerton Police officers were charged Wednesday in the beating death Kelly Thomas, a mentally disabled homeless man who frequented downtown Fullerton.

The Orange County District Attorney filed a second-degree murder charge against Fullerton police officer Manuel Ramos, who the DA alleges started the lethal beating of a homeless man with the words: "My fists... are getting ready to 'F' you up."

The DA's office also charged Fullerton police officer Jay Cicinelli with involuntary manslaughter and excessive use of force under the color of authority, alleging he joined the beating and tasered Thomas four times.

Santa Ana criminal attorney Michael L. Guisti explains that second-degree murder is basically willful, but is not deliberate and premeditated, where as first-degree murder is deliberate.

In this case the suspect officer wasn't planning nor intending to kill the victim, but the DA believes the officer's alleged excessive force allegedly led to the death of Thomas, says Guisti.

Now they're two defenses the suspect officer's defense team is probably going take, says Guisti. The first is the police officers were acting in self-defense and that Thomas posed a threat to their safety, and such action was necessary. The second is the death was an accident as a result of the self defense, according to Guisti.

Guisti explains if the police officer's defense attorneys can show Ramos had no criminal intent to do harm, wasn't acting negligently, and was otherwise engaging in lawful activity at the time of the killing, then that will serve as a proper, legal self-defense claim under California law.

If convicted Ramos could face between 15 years-to-life in prison.

If you or somebody you know are facing murder charges it's extraordinarily important you contact our Orange County murder/homicide attorney specialists at the Law Offices of Michael L. Guisti at 888-478-8999. We will review your case and get you the best possible outcome so you can move on with your life.

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.

Newport Beach, Orange County - An Irvine man was arrested Sunday for child endangerment and resisting arrest after allegedly slapping his seven-year-old special needs son aboard a tour boat and tossing him overboard into the waters of Newport Beach.

The child was reportedly crying following an argument between the father and his wife, the child's reported stepmother, on the boat, according to the Orange County Sheriff's Department.

Sheriff deputies say the suspect repeatedly hit his son before throwing him into the harbor.

Newport Beach criminal attorney Michael L. Guisti says these are two very serious charges and with many witnesses on the boat to the alleged incident this suspect is going to need a very experienced Orange County criminal defense lawyer who could possible work out a deal, or even have the charge of resisting arrest dismissed.

Guisti says if you're ever accused of a serious crime like child abuse or domestic violence it's very important to contact an attorney right away who can review your case and work with the courts to reduce your charges or even possibly dismiss your charges.

Newport Beach criminal lawyer Guisti says the crime of child endangerment is when a person places a child in a dangerous situation, or allows a child to be placed in a dangerous situation without taking steps to protect the child. Guisti stresses that for this charge to arise the child doesn't need to actually need to be physically injured, only that the child was placed in a position where he/she could've been endangered.

Basically child endangerment is when a suspect willfully inflicted unjustifiable physical pain or mental suffering on a child, according to Guisti, and is a "wobbler," which means it could be charged either as a felony or misdemeanor.

If convicted of felony child endangerment you could face up to six years in a California state prison, according to Guisti.

Resisting arrest is when a suspect basically resists, delays, or obstructs a peace officer, or even firefighter and paramedic, in their duties, according to Guisti.

Guisti says this includes refusing to be handcuffed or not complying with an officer's demands to identify yourself or interfering with the work of an officer.

This charge is a misdemeanor, according to Guisti.

If you're facing similar charges you need to contact the Law Offices of Michael L. Guisti right away at 888-478-8999 and let our expert domestic violence attorneys handle your case and get you the best possible outcome.

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.