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Friday, December 11, 2009

Disturbing the Peace is Substituted for the Domestic Violence Charge

Weighing disturbing the peace vs domestic violence
The degree of injury to the victim will decide if a domestic violence case is charged as a misdemeanor or a felony. Regardless of whether the matter is charged as a felony or a misdemeanor if the client is found guilty or pleas guilty he/she must complete a 52-week batterer's course, 8 hours of community service and pay various fines and fees.

In order to avoid a client doing the 52-week batterer's class an agreement must be negotiated with the District Attorney whereby a non-domestic violence charge (Disturbing the Peace, Assault) is substituted for the domestic violence charge.

Each domestic violence charge needs to be thoroughly investigated by defense counsel. Depending on the facts of the domestic violence case and the record of the client, agreements can be reached whereby even if the crime occurred attendance at an anger management class (10-weeks) or counseling can relieve a client of the normal requirements of a domestic violence charge.

Here is a recent case result:

"I was charged with Penal Code Section 243(e) (1) [Domestic Violence Battery on a Spouse]; a conviction of this crime could have caused me to spend up to 1 year in custody. This case arose from an incident whereby I was alleged to have struck my spouse causing injury. I hired William W. Bruzzo to represent me in this matter because of his effectiveness in court and his knowledge of the law. 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. In addition I was told that such a conviction could cause me to lose my job. This was especially significant because I have a family to feed and my spouse does not work. Mr. Bruzzo worked hard to get the charge changed to include going to the supervising district attorney. 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."  ~~JC, December 2, 2009

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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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