In the recent case, People v. Brown, the facts of the case showed that the victims were actually shot with the BB gun and suffered small red welts to parts of their bodies. Despite the fact that the projectiles did not penetrate the skin of the victims, the court held that there was the potential of significant damage if the projectile hit the eye of the victim. Based on that potentiality, the court held that use of a BB gun qualified as assault with a deadly weapon. This is especially pertinent given that the holiday season is upon us, we all remember fondly that Ralphie from A Christmas Story wanted a Red Ryder BB gun, but was discouraged by his elders because he “would put an eye out.” Well, in this case Ralphie is still out of luck because now the California Appellate courts have also discouraged the use of BB guns because they can put an eye out. (See People v. Quamie Brown 2012 DJDAR 14417)

Here is a fun video clip from A Christmas Story

If you are having trouble viewing the video, you can see it here.

Criminal Law Updates by the Law Offices of Orange County Defense Lawyer William W. Bruzzo (714) 547-4636 and wishes to our readers for a Happy and Safe Holiday Season. 

Related Articles

• Parents Outraged After Boy Threatens Kids With BB Gun On Elementary School Bus (baltimore.cbslocal.com)
• Juveniles arrested after bringing BB gun to Highlands High School (triblive.com)
• BCSO arrests BB gun armed man (KOB.com)

In en effort to combat delinquency Buena Park Police Department and other agencies conducted a curfew violation sweep. According to the Orange County Register officials arrested 10 minors, two suspected of possession of ecstasy pills, and one convicted of a sex offense. Along with the BPPD, counselors from Community Service Programs Inc. were involved to lend services. The minors were taken to the police station and their parents were called to come pick them up. Then officials from the Probation Department and District Attorney’s office spoke to the parents about the curfew laws. Curfew hours are from 10pm to 5am in Buena Park. See Penal Code Section 602, Health and Safety Code Section 11378.

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.

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

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