Former Westminster Sergeant Guilty Of Domestic Violence

William Arganda, former Westminster police sergeant in Orange County, California, an 18 year veteran with the force, was sentenced to three years informal probation, 100 hours community service and five days of service at the California Department of Transportation. Arganda pleaded guilty to misdemeanor charges of domestic violence and unlawful disclosure of DMV records. He was accused of using the CLETS system (which connects to DMV, state and federal law-enforcement databases) for personal rather than professional reasons. Arganda was said to have used the databases to meet women, look up names and license plates, and keep an eye on his ex-wife and ex-girlfriends. He was eventually fired from the department for doing so. Domestic Violence can be charged as a felony or a misdemeanor under Penal Code Sections 273.5 and 243(e) (1);as misdemeanors both charges carry a maximum punishment of 1 year in the county jail. As felonies both charges carry a maximum of 3 years in state prison. In addition, if a Defendant is found guilty of these charges or pleads guilty he/she must complete a 52-week batterer's course, 8 hours of community service and pay about $800.00 in fines, fees and "donations". A skillful attorney can help you avoid a conviction under this code section and/or custody time depending on your individual facts.

Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636

Assault on a Peace Officer Charge Dismissed

A Battery occurs whenever one person touches another without consent. A Battery can be charged as a misdemeanor or a felony. The amount of injury to the victim will usually decide whether the case is charged as a felony or a misdemeanor. Here is one client's experience facing a battery charge in Orange County:

"I was charged with Assault on a Peace Officer (Penal Code Section 241(b)); Battery on an Officer(Penal Code Section 243(b))and Resisting Arrest (Penal Code Section 148(a) (1)). These charges occurred as a result of an altercation I got into with a Police Officer in Orange County. I was looking at up to one year in jail for these offenses. I hired William W. Bruzzo to represent me because of his reputation and his familiarity with the courts in Orange County. I told Mr. Bruzzo that not only did I not assault the officer in question but that he assaulted me without reason or provocation. I realized that for the most part it would be my word against the officer's. Mr. Bruzzo took my case and began investigating the officer by filing motions which requested the personnel records of the officer in question. The County of Orange fought to keep the records from being revealed but Mr. Bruzzo won in the end. The personnel records of the officer in question revealed that he had had problems with violence in the past. Mr. Bruzzo used this information in his negotiations with the District Attorney. In the end, the District Attorney agreed to DISMISS all the charges against me! I am very grateful to Mr. Bruzzo for his work and I would enthusiastically recommend him for any criminal matter." ~ WR, 01/15/2010

Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636

Handheld Cell Phone Use Prohibited While Driving

Two months ago, I was cited in Orange County for using my cell phone while driving. I was written up for a violation of California Vehicle Code Section 23123 and given a court date on which to appear. This Vehicle Code Section went into effect on July 1, 2008.

This law prohibits the use of handheld cellular phones while driving. However, a handheld cellular phone can be used during an emergency, to call the police, fire department or other emergency services.

A violation of this section constitutes an infraction, which is a petty violation of the law and is less serious than a misdemeanor. It is punishable by a base fine of twenty dollars for a first offense and fifty dollars for each subsequent offense. However, with the addition of penalty assessments, the fines can be more than triple the base fine amount.

The conviction appears on one's DMV driving record; however, the violation is not added as a point and therefore does not affect insurance premiums.

Today was the court trial for my citation. After the officer's testimony and presentation of all the evidence, the judge ruled I was NOT GUILTY of the above offense. I was able to show the court that I was not talking while holding my Blackberry in my hand. I demonstrated how my phone is specifically designed and configured to allow hands-free listening and talking through Bluetooth. The law specifically allows for the use of one's phone if it's through a hands-free medium. Therefore, I fit the exception and walked out with a NOT GUILTY!

Attempted Break-In of Deputy's SUV

30-year-old Fidel Galindo was arrested on October 22nd for attempting to break into an off-duty deputy's SUV in Laguna Niguel. The deputy chased Mr. Galindo down after seeing him near his SUV. When he finally caught up with him, he held him until Orange County Sheriff's Department deputies arrived.

Mr. Galindo was booked and is currently held on a $20,000 bail for attempted auto theft. California has two laws which address the theft of automobiles - Grand Theft Auto and Unlawful Taking/Driving of a Vehicle ("Joyriding"). Both may be charged either as a misdemeanor or felony depending on the facts of your case and if you have any similar prior convictions.

Penal Code 487(d) (1) defines grand theft auto (GTA) as intent to permanently deprive the owner of the vehicle. This offense is typically prosecuted as a felony and subjects you to anywhere from 16 months to four years in State Prison as well as up to $10,000 in fines. The second law, Vehicle Code 10851 ("Joyriding"), requires intent to temporarily deprive the owner of the vehicle. This offense is typically charged as a misdemeanor and subjects you to a maximum of 1 year county jail.

If Mr. Galindo had broken into the car before he stole it, he may additionally be charged with auto burglary under Penal Code 459. However, if an experienced criminal defense attorney can prove that you didn't intend to deprive the owner of his/her car, you can't be convicted of GTA or vehicle theft.

Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636

Shoplifting Is No Laughing Matter

If you were an avid fan of Seinfeld or if you enjoy watching syndicated Seinfeld reruns, then you will probably remember the famous episode called "The Bookstore." This is episode 173 from the 9th season, which aired originally April 9, 1998.  Like all Seinfeld episodes, this episode had numerous plotlines, but who can forget when Jerry discovers that Uncle Leo is shoplifting and even Jerry's parents defend Uncle Leo's behavior saying something like "it is not stealing, if you need it!" While we might laugh at this over-the-top sitcom, the truth is being accused of shoplifting is no laughing matter. And in California shoplifting is usually charged as petty theft.

Should you be arrested for petty theft in Orange County, California, be sure to seek legal counsel. William Bruzzo is the senior attorney in the Law Offices of William W. Bruzzo and he has been a practicing attorney since 1993. Here is one client's testimonial regarding being charged with petty theft and his case outcome.

"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 from Sears without paying for it.

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.

I am a nursing school graduate and have hopes of becoming a licensed nurse one day. The criminal charges against me were keeping me from pursuing this dream. Any conviction for a theft offense could have resulted in the end of my career.
Thankfully, Mr. Bruzzo 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." ~~ MO, June 5, 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