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
The holiday season is a good time to talk about hit and run violations. You might wonder why someone would commit a "hit and run". Sometimes the accused party is afraid, not thinking straight, might be uninsured, might be driving under the influence, might be driving without a license, or they might even believe that since no-one witnessed the event...no harm, no foul. In today's world of cell phones, flip video cameras, intersection cameras, security cameras...it is pretty hard not to have your actions captured on film. In California a hit and run charge is serious(Vehicle Code Section 20002(a))and you should always seek legal counsel.
Here is a testimonial from one client who faced a six month jail term. Solutions are possible with good representation.
"I was charged with one count of hit and run (Vehicle Code Section 20002(a)) for causing more then $5,000.00 in damages then allegedly leaving the scene. I could have faced up to 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 judges, courts and the district attorneys in Orange County. Mr. Bruzzo spoke with the District Attorney but felt he could get a better deal so he turned to the Judge and in the end negotiated a civil compromise (Penal Code Section 1377) whereby the victim was compensated and the case was DISMISSED. 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. Also, this case could have been filed as a felony yet remained in the misdemeanor court. As such, I would enthusiastically recommend Mr. Bruzzo for any criminal matter."
~~ MH, December 1, 2009
Pro golfer, Tiger Woods, avoided criminal charges and instead received a traffic citation for his accident that occurred in the early hours after Thanksgiving. There was speculation that a domestic violence incident had occurred after Woods was left mildly injured following an accident where he drove his Escalade into a water hydrant and then ran it into a neighbor’s tree directly outside his home. Following an investigation by the Florida Highway Patrol, Woods will only be cited for careless driving, an infraction which carries a $164 fine and four points on one’s driving record. A police spokesperson stated, "There is insufficient evidence available to issue a subpoena for any additional medical information that might exist in this case... (and) there are no claims of domestic violence by any individual." Woods took full responsibility for the accident in a statement released on Sunday, November 29th and has since pulled out of his own golf tournament that was to take place in California.
The results of the official investigation has not deterred massive speculation regarding Woods' injuries and whether they were truly caused by the car crash or inflicted by his wife prior to the accident during a domestic dispute concerning his recent "transgressions." Many are commenting that Woods seemed to suffer injuries inconsistent with the accident, while Bill Sharpe-an attorney for the neighbors said Woods' injuries were "consistent with a car wreck and inconsistent with him being beat up." Sharpe stated, "The scratches on [Woods']face were consistent with someone who maybe was in a minor car accident and hit his head on the windshield. ... None of his injuries looked like he was beat up by his wife." Woods' wife, Elin, told police she used a golf club to smash the back windows only to help Woods out of the vehicle. Neighbors who called 911 said they saw no indication Woods was beaten or driving under the influence.
Had there been evidence of injuries consistent with a domestic violence Woods' wife could be charged with domestic violence. In California two penal code sections pertain to domestic violence incidents. The first is Penal Code Section 243(e) (1). This law states that when a person purposefully touches his/her partner in an offensive or angry way, he/she is guilty of domestic violence. "Offensive touching" includes smashing a car window when someone is still inside. And, if an injury results from the contact, then one can be charged with Corporal Injury on a Spouse under Penal Code Section 273.5(a). In addition to fines and jail time, a person must complete a one year batterer's treatment program if convicted on one of the above offenses. Had Woods' wife inflicted his injuries during the course of an argument or smashed the car window out of rage, she might be found guilty of domestic violence. Notably, the victim committing adultery is NOT a defense to domestic violence although presumably it could be considered a mitigating factor in a minor case. The only defense to domestic violence is self defense, where the Defendant asserts any injuries sustained by the victim were a result of him defending himself.
This story continues to develop. Here is a short video from the Associated Press showing the Florida Highway Patrol's photos of the vehicle. According to the AP: "A final report on Tiger Woods' car accident outside his Florida home shows he caused $3,200 in damage to property other than his SUV. The report was released by the Florida Highway Patrol. (Dec. 2)"
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
Last week in various cities in Orange County police officials set out to enforce curfew for minors 13 to 17 years old. A teenager can be out after curfew if they are with a parent, guardian or are otherwise exempted. The reason for the curfew is to curtail teenagers from being out after hours and participating in illegal activities. In particular it was intended to reduce gang activity and crimes by minors. The current sweep was conducted at 10p.m. or 11p.m. depending on the city's ordinance. According to the Los Angeles Times, Orange County Edition "college-bound students, gang members, a 13-year-old on probation for kidnapping and more than one drunk[en] teenager" were some of those collected during the sweep. The teens were kept in a bus until their parents came to pick them up. The article adds that some parents were unaware that their children were out while others had been looking for their kids. An Orange County Deputy District Attorney and officials from the Orange County Probation Department met with the parents of the teenagers and showed them photos of victims killed late at night. Legal consequences were also discussed and counselors from Pepperdine University masters program in counseling were on hand to talk to parents and their kids.
Here is a news video provided by Garden Grove TV3
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
The head of the Boys & Girls Clubs of Tustin, California in Orange County, Clifford Polston, pled guilty to grand theft for stealing more than $114,000 from the group. The Boys & Girls Club of Tustin, which provides a safe place for youth to learn and grow, was shocked over the recent turn of events.
Polston took $6,323 in unauthorized car allowance and paid $75,000 to his wife for a fictitious job that he created. Now, as punishment for his crime, he has to repay $137,000 to the Boys & Girls Clubs of Tustin plus ten percent interest using proceeds from a life insurance policy purchased for him by the Club. Former mayor Tracy Worley Hagen said she feels "terrible" because she thought "he was doing a great job for the community", but she is "happy he's going to try to make it right with the Boys & Girls Club."
Grand theft, what Polston pled guilty to, differs from petty theft in that the value of the property stolen exceeds $400. Here, Polston stole well above that amount and received an enhanced sentence because of it. Typically, felony grand theft, defined by Penal Code Section 487, carries a maximum sentence of three years State Prison. However, in Polston's case, he was looking at a maximum of four years State Prison.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Every hit and run case will have a slightly different outcome for the accused. Seeking legal representation or not can mean the difference between home confinement versus prison for a hit and run violation. Today we bring you a new testimonial from our client accused of four felony counts and facing a five year prison sentence.
"I was charged with felony hit and run (Vehicle Code Section 20001(a)) and three additional counts of felony reckless driving (Vehicle Code 23105(a). [Maximum Prison time of 5 years] I was alleged to have driven in a reckless manner injuring my four passengers and then left the scene. The District Attorney initially wanted to send me to prison. I hired Attorney William Bruzzo to represent me in this matter as I know he is an excellent attorney who fights for his clients. Mr. Bruzzo fought very hard for me with the result that I got the felony hit and run (Vehicle Code Section 20001(a) DISMISSED; I pled guilty to one count of reckless driving (Vehicle Code Section 23105(a) and I was permitted to do my time on home confinement. This was a very good result and I am very grateful to Mr. Bruzzo. I would enthusiastically recommend him for any criminal matter." ~~ KA 11/13/2009
An interrogation video of two teenage killers was recently released in Sacramento. 16-year-old Daniel Russell and 16-year-old Calvin Pearson broke into the home of Marie Oliver, a 90-year-old woman, and beat her to death using her cane. After breaking her nose, cheekbone, eye socket, and two of her ribs, they took off with some of her valuables from her North Sacramento home.
A shocking interrogation video of the two minors (see video link below) just three days after the killing shows them sharing a pizza and some Sprite while discussing how they attacked the woman back in April 2006. In the video, the teens laugh about the killing and say how they should have "been more careful." They question one another about whether the other snitched and show no remorse for their actions. They even go on to guess how much time they would get for the crime and one says: "Man, we're doin' at least a year, knock on wood we don't."
Unfortunately, the teens were way off in their speculations. The boys, who are now 18 and 19, were charged as adults for first-degree murder that carried special circumstance allegations of robbery and burglary and each received life in prison with no chance of parole.
Murder is defined by California Penal Code Section 187 as the unlawful killing of a human being with malice aforethought. CalCrim Jury Instruction 521 defines first degree murder as one that is "willful, deliberate, and premeditated." In this case, the Prosecutor was able to show that the two boys intended to kill Ms. Oliver, carefully weighted the considerations and knowing the consequences, decided to kill her before actually doing so. Section 190 of the Penal Code states that, "Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life." However, a serious charge such as this may be brought down to second degree murder or even manslaughter with the aid of an experienced criminal defense attorney.
The stories of Anthony Sowell (multiple bodies found in his home) and Phillip Garrido (kidnap victim living in his home since 1990s) have touched on the issue of monitoring registered sex offenders. Regular visits by parole to their homes did not lead to any discoveries that things were wrong. Garrido's officers would conduct searches of his home on surprise visits. In Ohio, Sowell's terms were to check in with parole and agents would show up to his residence to confirm he was still there but his terms did not include routine searches of his house. Questions now arise as to why all went unnoticed to officials in each case. There was an investigation into Garrido's parole officers in order to determine if agents missed signs of irregularities and whether incorrect training was also an issue. Whether these cases will motivate a reform effort on how sex offenders are monitored after incarceration is yet to be seen. Conducting a more in depth monitoring of sex offenders would require more time and man power and that of course means more money then states at this point might not have. If it is determined agents need to be retrained or the monitoring system updated with new rules to implemented, the next issue becomes getting the funds necessary to make the changes in an already cash strapped system.
Here Harry Smith of CBS News reports on this issue:
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
If you google or search the term "hit and run" you will find numerous reports regarding current cases in the news. Most of these cases are serious. They involve major property damage, personal injury or death. A few cases may involve celebrity figures as the alleged driver or injured party. Given the potential seriousness of a hit and run, you might be surprised to learn that some hit and run cases can be dismissed. In some instances an arrangement can be made where the client pays the injured party with the agreement that the injured party declare themselves satisfied and no longer want prosecution. Then, with the Judge and the District Attorney's agreement the case can be dismissed! This is called a civil compromise.
Here is a testimonial of one client's family member...
"A Member of my family was charged with hit and run as a misdemeanor (Vehicle Code Section 20002) which carries a maximum sentence of 6 months in jail and a fine of $1,000.00; he was also charged with reckless driving (Vehicle Code Section 23103) which carries a maximum of 90 days in jail and a $1,000.00 fine. These charges arose when he struck two other cars in traffic and fled the scene. We hired Mr. Bruzzo while the police were still investigating the crime and before the matter went to court. Mr. Bruzzo acted as our liaison with the police and he instructed us that all communication should go through him. When the matter finally went to court Mr. Bruzzo appeared in court without us and began negotiating the matter with the District Attorney. Mr. Bruzzo also began speaking with the victims in the case. In the end Mr. Bruzzo was able to negotiate a disposition wherein the victim(s) accepted a certain amount of money and the District Attorney agreed to DISMISS THE CASE. I am truly grateful to Mr. Bruzzo for his representation in this matter as it spared my family member possible jail time and a conviction. I would enthusiastically recommend Mr. Bruzzo for any criminal matter." ~~PP January 13, 2009
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
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
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).
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
