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-   -   Violent VS non-violent (http://www.prisontalk.com/forums/showthread.php?t=684573)

Scheyy11 11-24-2015 12:28 AM

Violent VS non-violent
 
My boyfriend is waiting to be transported from the county jail to CMCF. He was charged with 3 counts of burglary of a dwelling, the boy who was with him, was also charged. In this case, two counts were for the same house and one count for another. In the first two cases, he was friends with the boy. Both times entering the house, he used a key that was left outside. While inside, he took an Xbox and a TV, which was returned and he also paid over $1,000 in restitution. In the other case, the boy who was with him, was the people's foster child. Here, they took a jug of change and a pair of sunglasses, which my boyfriend also paid over $1,000 in restitution for. The other boy paid no restitution, was charged as non-violent and will be out in a year. My boyfriend paid in total over $3,000 in restitution, cooperated with police, returned most items, and was charged as a violent offender. He was also sentenced to 20 years plus 5 to run concurrently with the 20. Can someone explain how this is even possible!!!!

miamac 11-24-2015 01:03 AM

I believe the part about using a key is moot because they did not having permission to enter the home therefore making it equal to entering via other means. Also, were there people in the home when they broke in? I think that also increases the penalty (home invasion being seen as more traumatic due to the personal nature).

Was the second party a minor? I ask because you refer to him as a 'boy' and it makes me wonder if different statutes apply to a minor than an adult in this case.

Scheyy11 11-24-2015 09:54 AM

Quote:

Originally Posted by miamac (Post 7490660)
I believe the part about using a key is moot because they did not having permission to enter the home therefore making it equal to entering via other means. Also, were there people in the home when they broke in? I think that also increases the penalty (home invasion being seen as more traumatic due to the personal nature).

Was the second party a minor? I ask because you refer to him as a 'boy' and it makes me wonder if different statutes apply to a minor than an adult in this case.

The victims were not home at the time. No weapons were used. No forced entry. And they were both 21 years of age at the time. The victims and judge had a very "unusual" relationship. The judge called the victims the day of court and said he believed my boyfriend should get as much time as possible.


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