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Friday, October 30, 2009

Defending Hit and Run Cases Orange County CA

Highway scene hit and run
Have you ever been involved in a hit and run accident? Have you ever witnessed a hit and run accident and wondered what to do? A hit and run occurs whenever there is an accident and the individual leaves the scene of the accident without exchanging information with the person they hit or contacting the police. Notably, even if you hit an innate object like a lamppost or a guardrail you should make a telephone report to the police to advise them of what occurred.

If you are accused of a 'hit and run', then you should seek legal representation. Mr. Bruzzo has been successful in defending hit and run cases in Orange County CA. Here is one client's experience.

"I was charged with three counts of hit and run (Vehicle Code Section 20002) for striking three different vehicles and leaving the scene. I hired Attorney William Bruzzo to represent me in this case as I was told he is very familiar with the courts and the district attorneys in Orange County. In the end Mr. Bruzzo was able to negotiate a disposition where the District Attorney agreed to DISMISS THE CASE after I took a class. I am truly grateful to Mr. Bruzzo for his representation in this matter as it spared me from going to jail and having a conviction on my record. I would enthusiastically recommend Mr. Bruzzo for any criminal matter." ~~RV 08/12/2009

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Thursday, October 29, 2009

Is it Petty Theft or Grand Theft?

Arrested for Petty Theft

Many times when we are watching television news or a crime drama we hear the phrases petty theft or grand theft. In most states the value of the stolen item(s) will determine what crime will be charged. In California the most common theft charge is Petty Theft (Penal Code Section 488); this can only be charged as a misdemeanor. It carries a maximum of 1 year in jail. Generally speaking if the item(s) stolen are $400.00 or less then the matter can be charged as a Petty Theft. But you need to understand: A PETTY THEFT VIOLATION WITH A PRIOR PETTY THEFT CONVICTION CAN CAUSE THE NEW CASE TO BE FILED AS A FELONY AND THE CLIENT SENT TO STATE PRISON.

Here is a testimonial from one person who was charged with petty theft in Orange County, California.

"I was accused of petty theft [a violation of Penal Code Section 484(a)-488 a misdemeanor] and told to appear in the Orange County Superior court. It was alleged that I took an item worth over $300.00 from a store without paying for it. The maximum jail sentence for this crime is 6 months in jail. I hired Mr. Bruzzo because of his years of experience in the Orange County courts and his familiarity with all the District Attorneys. I knew that only a lawyer practicing in Orange County for quite some time would be able to get me the result I desired. In addition, as I am not a citizen there would have been serious immigration consequences for me if I had been convicted of this crime. Mr. Bruzzo went to court several times in an effort to negotiate my case. Thankfully, he was able to get me a complete DISMISSAL after just a few court appearances. All I had to do was complete a short class and give a DNA sample. Mr. Bruzzo took care of everything from the beginning to the end. Thanks to him, my record is clean.

I am happy to recommend Mr. Bruzzo to anyone facing a criminal charge, especially petty theft." ~~ RT August 13, 2009

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Wednesday, October 28, 2009

Domestic Violence Awareness Month

Domestic Violence Awareness Month
On September 30, 2009--the eve of Domestic Violence Awareness Month, President Obama remarked how this violent epidemic "touches the lives of Americans of all ages, leaving a devastating impact on women, men, and children of every background and circumstance."

This month is Domestic Violence Awareness Month. Two different California code sections explain domestic violence. Under Penal Code 243(e) (1), domestic violence occurs when a person purposefully touches his/her partner in an offensive or angry way. A partner is defined by the code as your current or former spouse, your fiance/fiancee, someone you have lived with or currently live with, someone you have dated or are currently dating, or your child's parent. If an injury results from the contact, then one can be charged under Penal Code 273.5(a) - Corporal Injury on a Spouse. In addition to fines and jail time, a person must also complete a one year batterer's treatment program if convicted on one of the above offenses.

However, if you are charged with a domestic violence offense, there are some defenses available to you that an experienced criminal defense attorney can explore. A person accused of domestic violence can claim the defense of self-defense. Self-defense occurs when a person uses force against another because they reasonably believe that they are in imminent danger of bodily injury or that someone else is in imminent danger of bodily injury and that they must use force to protect them. The person using the force must not use more force then is necessary to defend against the danger. Another defense available to people in domestic violence situations is that of mutual combat. This defense allows the first person who used violence to claim self-defense if: (1) He/she in good faith tries to stop fighting; (2) He/she indicates in a way that a reasonable person would understand that he/she wants to stop fighting and he/she actually stops fighting; (3) He/She gives opponent the opportunity to stop fighting. If the District Attorney finds that the defendant acted in self defense as described in the two situations above then the case may be DISMISSED. Similarly a jury can find the Defendant NOT GUILTY on the same grounds. Criminal Law Updates by Law Offices of William W. Bruzzo. The Law Offices of William W. Bruzzo represent Defendants charged with Penal Code Sections 273.5 and 243(e) (1).

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Tuesday, October 27, 2009

Angels' Baseball Fan Likes His Game With A Side of Trespass, Please!

Angels' Fan Taking a Dip
As Angels' fans basked in a 4-run lead against the Yankees in the American League play-offs on Thursday night, October 23rd, there was a little more action off the field. Hoping to see Angels' left fielder Juan Rivera do some good during his at-bat an exuberant fan was seen walking around the rock fountain area behind centerfield and eventually took a plunge in one of the stone lined pools.

The first thing that came to mind, of course, was that the guy must have had a lot more beers then the number of innings played. The surprising detail that came to light is that according to police he was not drunk and "unable to care for himself or a danger to others". He will be charged, however with a misdemeanor trespass under Penal Code Section 602. Another possible charge could be Penal Code Section 415 disturbing the peace, also a misdemeanor. Trespass can carry a sentence of 6 months in jail while disturbing the peace can carry a sentence of 90 days. Generally, neither charge results in jail time for a first time offender.

The bottom line on this case: This Angels' baseball fan likes his fame with a side of trespass, please!

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Monday, October 26, 2009

Orange County Criminal Attorney Defends Aggravated Assault Cases

The Scales of Justice
In California a common charge involving assault is Assault with a Deadly Weapon (Penal Code Section 245); if a person points a gun (or other dangerous weapon) at another person then he can be charged with assault with a deadly weapon. Even if the gun was not loaded and even if the person holding the gun had no intention of using the gun he can still be charged if the victim was in reasonable fear as a result of the person pointing the gun at him. Below you will read a recent testimonial received by William Bruzzo, an Orange County Criminal Attorney who defends aggravated assault cases.

"I was charged with Aggravated Assault/ Assault with a deadly weapon (Penal Code Section 245(a) (1)) with an enhancement for inflicting great bodily injury (Penal Code Section 12022.7(a); I was also charged with Battery with serious bodily injury (Penal Code Section 243(d)) also as a felony. I could have gone to prison for 5 years on this case and had a strike on my record. I hired William W. Bruzzo to defend me in this matter because I know he is an experienced attorney familiar with the courts, the judges and the district attorneys in Orange County. I believed I was innocent of the crime and that any action I took against the victim was in self defense. Mr. Bruzzo negotiated with the District Attorney and eventually set the matter for trial. On the day of trial the felony charges against me were DISMISSED. I pled guilty to a misdemeanor. That misdemeanor was also dismissed after one year and completion of Cal Trans. I never received any jail time. Mr. Bruzzo managed to get the most serious charges against me dismissed without risking a trial and without the additional expense. I would enthusiastically recommend Mr. Bruzzo for any criminal matter." ~ T.O. 10/23/09

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Friday, October 23, 2009

Defendants Can Get Sweetheart Deal By Giving DNA

Orange County CA DNA Database
The LA Times and Orange County Register report that the Orange County crime lab and new DNA database will be reviewed in order to examine if there is a level of bias and to check productivity. John Moorlach a member of the Board of Supervisors commented that "if we're doing all right they way it is, that's great to know". The Sheriff, District Attorney and County Executive Officer are in charge of the crime lab. The District Attorney is in the processes of compiling its own DNA database which it sends to a private laboratory. The DNA is being collected from non-violent offenders as part of their dismissal deal. The idea is that if the person becomes a repeat offender any evidence gathered at a crime scene can then be compared to the database and provide a future match. The District Attorney has also presented a plan to the Board of Supervisors for a DNA collections vehicle which can be used during emergency situations. After a disaster the DNA can be used to identify victims the DA explains. The review coincides with a report from the National Academy of Science which discusses the potential bias of the crime lab since it is run by a police agency.

Some defendants hesitate and even request to be excluded from this DNA requirement. However, the majority of Defendants benefit as they usually receive a dismissal if the District Attorney and the Defendant's attorney negotiate an agreement whereby the Defendant will submit DNA. Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636. Mr. Bruzzo represents defendants on all criminal law matters to include Penal Code Section 488 (Petty Theft), Vehicle Code Section 20001(a) (Hit and Run) and Health and Safety Code Section 11377(a) (Possession of a Controlled Substance).

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Thursday, October 22, 2009

Understanding of the Domestic Violence California Penal Code

Domestic Violence occurs when one person physically strikes another person without consent and the two people are married, in a dating relationship or otherwise romantically involved. This crime can be charged as a misdemeanor or a felony. If charged as a misdemeanor the maximum jail time possible is one-year. If charged as a felony the maximum jail time could be as much as 4-years. In these cases it is important that the accused have a basic understanding of the domestic violence California Penal Code Sections 243(e)(1) and 273.5).

Here is a testimonial from one of Mr. Bruzzo's clients:

"I was charged with Penal Code Section 273.5 [Domestic Violence]; a conviction of this crime could have caused me to spend up to 1 year in custody. I hired William W. Bruzzo to represent me in this matter because he is familiar with the Courts, the Judges and the District Attorneys in the County of Orange. My case was considered aggravated because two witnesses observed me punching the victim multiple times. Mr. Bruzzo told me that a conviction for a violent act such as this would have been detrimental to my record and therefore my future. He worked hard to get the charge changed. In the end he had the charge reduced to a Penal Code Section 415 [Disturbing the Peace]. The Domestic Violence Charge was dismissed. I truly believe that without Mr. Bruzzo's familiarity with the Orange County Courts and the law I would not have received such a good result. I would enthusiastically recommend him for any criminal matter." ~ NS 9/28/09

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Wednesday, October 21, 2009

Balloon Boys Parents Face Criminal Charges

Six-year old Falcon Heene, better known as "Balloon Boy", floated away in a saucer-like balloon last Thursday in Colorado. At least that's what his father told officials. However, two hours after the whole ordeal began, the balloon landed in a field 50 miles away without the boy inside. The six-year-old was later located in the family's own garage hiding in a box. Larimer County Sheriff later revealed the whole thing was a hoax after the child responded to his father on national television that he didn't come out because his father told him it was for a show.

Officials are saying that this stunt was orchestrated by the father to get himself a reality TV show. The boy's parents, Richard and Mayumi Heene, are currently under investigation and may be facing criminal charges of contributing to the delinquency of a minor and providing false information to authorities. To be guilty of contributing to the delinquency of a minor in the state of California, Penal Code 272 requires that a parent or legal guardian cause substantial risk of serious physical harm or illness to his/her minor child as a result of his/her failure or inability to adequately supervise or protect the child. The punishment for this misdemeanor offense can be up to a fine of $2,500 or 1 year in county jail.

To be guilty of providing false information to authorities, California Penal Code 148.3 requires a false "emergency' report to a city, county, or state agency. This misdemeanor offense carries a punishment of a $1,000 fine or 1 year county jail. However, if the person making the false report knows that the response is likely to cause death or great bodily injury and either of those results because of the false report, punishment is then enhanced to prison and/or a fine of up to $10,000 and is then charged as a felony.

Criminal Law Updates from the Law Offices of William W. Bruzzo. Please call (714) 547-4636 today to get your free consultation.


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Tuesday, October 20, 2009

Federal Law does not Allow Marijuana to be Sold or Used for Medical Purposes

As reported by the Associated Press, Deputy Attorney General David Ogden released a policy memo that outlines suggestions for state attorneys regarding prosecution of medical marijuana users and distributors. Federal law does not allow marijuana to be sold or used for medical purposes even though various states do, California among them. The memo suggests that state prosecutors would make better use of their time by not focusing on prosecuting legitimate marijuana patients or the dispensaries in states that have legalized marijuana for medicinal purposes. This memo was also distributed to the higher rungs of the Drug Enforcement Agency and FBI.

This policy does not prohibit federal agents from making arrests nor does it stop prosecutors from filing charges. The memo draws attention to illegal usage and distribution, or marijuana cases connected to other violations such as money laundering or illegally armed people. One reason for the shifting focus is because of the limited resources the federal agencies have. The article quotes Attorney General Eric Holder "[i]t will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana...". It would appear then that medical marijuana users and providers in California will be less likely to face prosecution from federal authorities. (See California Health and Safety Code Section 11357(b)). Criminal Law Updates from the Law Offices of William W. Bruzzo (714) 547-4636

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Friday, October 16, 2009

Hit and Run Testimonial

Hit and Run ( California Vehicle Code Sections 20001, 20002) is a serious crime and can be very serious if you are said to be intoxicated. Orange County criminal attorney Will Bruzzo was able to keep this client out of jail and without a conviction on his record.

Here is a testimonial from a client.

I was charged with hit and run (Vehicle Code Section 20002); I was alleged to have run into another vehicle and left the scene. In addition, a witness said that I was intoxicated. This crime carries a maximum of 6 months in jail. I hired Attorney William Bruzzo to represent me in this case as I was told he is very familiar with the courts and the district attorneys in Orange County. Mr. Bruzzo went to court several times in order to negotiate my case. In the end Mr. Bruzzo was able to negotiate a disposition where the District Attorney agreed to DISMISS THE CASE after I took a class. I am truly grateful to Mr. Bruzzo for his representation in this matter as it spared me from going to jail and having a conviction on my record. I would enthusiastically recommend Mr. Bruzzo for any criminal matter.

RW
9/14/09

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Thursday, October 15, 2009

Orange County California Theft Case

Having the right lawyer can make a difference.  Here is a testimonial from someone charged with felony Grand Theft  who hired Will Bruzzo, an Orange County California criminal attorney.  His co-defendant went to jail.

I was accused of  felony conspiring to commit a crime (Penal Code Section 182(a)(1),  several counts of felony commercial burglary (Penal Code Section 459-460(b)) and felony Grand Theft (Penal Code Section 487). I was facing almost 6 years in prison. This incident resulted from the theft of $20,000.00 worth of property. I hired Will Bruzzo as my attorney because I was told by someone familiar with attorneys in Orange County that he is a very effective lawyer who gets good results. Mr. Bruzzo went right to work negotiating my case with the District Attorney and the Judge. Mr. Bruzzo argued my case with the DA and several judges. In the end Mr. Bruzzo was able to get all my charges REDUCED TO MISDEMEANORS and make me eligible to apply for home confinement.  My Co-defendant in the case pled guilty to a felony and was sentenced to jail. As such, I would enthusiastically recommend Mr. Bruzzo for any criminal matter.


_FE__                                                                          10/13/09

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