04-18-2018, 07:38 PM
(04-18-2018, 05:37 PM)Sociopathicsteelerfan Wrote: Cool, glad to hear you have this covered. We do not.
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.
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.
You keep saying enhancements, yes those effect the charge because they have to prove those additional factors. If you have all these enhancements then you can get caught overcharging and get nothing. If you want to tack on separate charges then that is one thing but the idea that you can add all these criteria and think it doesn’t make the case more complicated is laughable. Going after higher degree crimes with higher degrees of punishment are harder and longer to prosecute, that is a fact.
I feel like what you really want is prosecutors to add multiple charges not try to add levels to the burglary statutes already in place. If that’s the case then that is up to the DA, but if the additional charges fit they they should file them as well.
