04-18-2018, 04:14 PM
(04-18-2018, 03:36 PM)Au165 Wrote: He actually did say it should be classified as a violent crime. Along with the jail associated with violent crime convictions there are other things that come with it that basically make it being convicted of a whole different crime than burglary.
Yes, to achieve what Phil just stated. I'd prefer, as I later stated, that the penalty for burglary be elevated rather than reclassify the crime.
(04-18-2018, 03:44 PM)fredtoast Wrote: So for Phil and SSF. How long do you think you have to lock a person up to keep him from committing a burglary ever again?
What would be your recommended period of incarceration for a home burglary?
First time, four years, out in two. For repeat offenders add three years per instance. For knock knock style burglars treat the number of offenses as one arrest for terms of recidivism, have them serve time consecutively. Also, add criminal conspiracy if there is any evidence of prior planning such as a police scanner in the getaway car. I'd even expand this to include evidence such as using an expensive rental car (to avoid attracting attention in the higher end neighborhoods these crimes are commonly committed in) during the commission of the crimes. I'd also add gang enhancements if any of the participants are documented gang members as these crews always have to kick up a certain percentage to either a street gang or their crew boss.
Quote:How about burglary of a car, storage shed, or closed business?
How long should a person be locked up for charges like that?
Not nearly as long as the disruption to the victim isn't nearly as severe. Keep the terms as is. Since you mentioned auto burg, not auto theft, you're looking at replacing a window or door lock and whatever property you left in the car, commonly a cell phone. Storage shed again contains almost no risk of escalation and even less disruption to the victim than the auto burg. A closed business follows the same pattern. While it is certainly disruptive to the owner, they don't reside there. In all the above for-instances their feeling of safety in their home hasn't been ripped from them and they are almost certainly insured for whatever is stolen (except for the storage shed example). It's interesting you bring this up though, because the legal marijuana dispensaries here are getting hit hard both burg and armed robbery wise.
