04-18-2018, 05:37 PM
(04-18-2018, 04:30 PM)Au165 Wrote: Yea, we already got this covered. 3rd degree burglary is 1-5 years and 2nd degree is 2-8.
Cool, glad to hear you have this covered. We do not.
Quote:All your add ons create more issues for prosecution than helping them. If a prosecutor has to prove pre planning then a defense attorney can poke a hole in it. If they have to try and insinuate what that rental car was the whole case can collapse around it. If they have to prove gang ties and it's relation to the crime then that becomes a sideshow derailing the case.
With respect, you're way off here. First, I'm not saying in every instance of x then y. I'm saying be more aggressive about it then they currently are. Conspiracy is a separate charge, it would not affect the burglary charge at all. Having a police scanner in a rented vehicle show pre-planning rather easily. Even if it doesn't, again, it doesn't affect the burg charges. As for the gang enhancement, it's just that, an enhancement. It also does nothing to affect the determination of guilt or innocence for the crime it is alleged to enhance. The mere threat of it, it adds 10 years here in CA, would affect the current brazenness of these operators. Making them more cautious means they commit less burgs.
Quote:Burglary as written now is easy to prosecute and tend to be open and close cases at the lowest level that you hate so much. The reason you want to leave it there is because it is so easy to put them away for some time at least. You make the burden of proof higher and some of these guys will start walking and prosecutors will just end up cutting deals anyways.
You totally go off the rails here. Enhancing the sentence does not change the elements of a crime. You literally could not be more wrong right here.
