Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > RESOURCE CENTER > Prison & Criminal Legal Help!
Register Entertainment FAQ Calendar Mark Forums Read

Prison & Criminal Legal Help! Ask questions, get opinions, and find resources on dealing with criminal justice legal issues, appeals, and more..

Reply
 
Thread Tools Display Modes
  #1  
Old 07-03-2020, 08:15 PM
blueocean777 blueocean777 is offline
Registered User
 

Join Date: Apr 2020
Location: CA, US
Posts: 26
Thanks: 0
Thanked 5 Times in 4 Posts
Default Murder with a deadly weapon enhancement

Someone I care for deeply was arrested in Sept 2019 with this accused crime. I have not spoken to him about a plea or sentencing as obviously calls are recorded and I am not going to bug his lawyer. But I looked and did research and I am thinking it could be a 8-20 for a deal?

Anyone else know anyone with this kind of charge who has plead out? what did their deal look like?
Reply With Quote
Sponsored Links
  #2  
Old 07-03-2020, 10:23 PM
Ms Sunny Ms Sunny is offline
Registered User
Donation Award 
 

Join Date: Apr 2014
Location: Northern NY
Posts: 1,203
Thanks: 2,238
Thanked 1,226 Times in 540 Posts
Default

Quote:
Originally Posted by blueocean777 View Post
Someone I care for deeply was arrested in Sept 2019 with this accused crime. I have not spoken to him about a plea or sentencing as obviously calls are recorded and I am not going to bug his lawyer. But I looked and did research and I am thinking it could be a 8-20 for a deal?

Anyone else know anyone with this kind of charge who has plead out? what did their deal look like?
Perhaps you could write yo them and ask?
Reply With Quote
  #3  
Old 07-04-2020, 11:39 AM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 12,143
Thanks: 4,403
Thanked 22,333 Times in 7,754 Posts
Default

Quote:
Originally Posted by Ms Sunny View Post
Perhaps you could write yo them and ask?
This gets monitored and recorded, too. There is no right to privacy with any inmate mail except legal mail.
Reply With Quote
The Following User Says Thank You to yourself For This Useful Post:
Patrickj (07-04-2020)
  #4  
Old 07-04-2020, 11:43 AM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 12,143
Thanks: 4,403
Thanked 22,333 Times in 7,754 Posts
Default

Quote:
Originally Posted by blueocean777 View Post
Someone I care for deeply was arrested in Sept 2019 with this accused crime. I have not spoken to him about a plea or sentencing as obviously calls are recorded and I am not going to bug his lawyer. But I looked and did research and I am thinking it could be a 8-20 for a deal?

Anyone else know anyone with this kind of charge who has plead out? what did their deal look like?
Depends. Depends on the prosecutor - there are those who are reasonable and those who would ask for the death penalty for a parking violation. Depends on the judge - there are those who are reasonable, those who are pro-defendant, and those who would actually hand down a death sentence for a parking violation.

Depends on the attorney. Depends on the past history of the defendant. Depends on the criminal record of the defendant. Depends on how much publicity the case is getting. Depends on whether the prosecutor or judge are standing for election (and if they are, “tough on crime” in their platform, it can be far worse). Depends on if the case has case watchers as is common in domestic violence cases and child death cases in some locations. It depends on whether or not they want to make an example out of him.

In short, it depends.
Reply With Quote
The Following 8 Users Say Thank You to yourself For This Useful Post:
fbopnomore (07-04-2020), GaReform (08-10-2020), mssirois2u (07-06-2020), onedayatatime13 (07-07-2020), Patrickj (07-04-2020), priceam (07-09-2020), sidewalker (08-07-2020), Taliba00 (07-12-2020)
  #5  
Old 07-04-2020, 01:46 PM
fbopnomore fbopnomore is offline
Site Moderator
Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 30,793
Thanks: 50,195
Thanked 24,121 Times in 13,831 Posts
Default

The prosecutors pile on because they can. They only need a guilty verdict for one count out of a 20 count indictment to "win", and the more charges, especially in weak cases, the better their chances.

I didn't know it was possible to commit murder without using a deadly weapon, regardless of the method. Even a pill used for an overdose probably counts, like a dangerous aspirin tablet weapon (do they add "of mass destruction"?).
__________________
Reply With Quote
The Following User Says Thank You to fbopnomore For This Useful Post:
Taliba00 (07-12-2020)
  #6  
Old 07-06-2020, 11:02 PM
enigmaingr enigmaingr is offline
Attorney
 

Join Date: Jun 2011
Location: Michigan, USA
Posts: 90
Thanks: 11
Thanked 100 Times in 53 Posts
Default

Greatly depends. "Murder with a deadly weapon" sounds like what my state would call 2nd degree murder, which carries a maximum of life with the possibility of parole after 20 years.


If your friend is accused of similar, a lot will depend on the circumstances of the crime. And as someone else said, depends on your friend's history. I would be shocked at an 8 year sentence for this. 15-20 year minimums is a real possibility for a person with minimal criminal history, or a drug deal gone bad scenario. I've seen people get 40 year minimums, and up to life, particularly when the crime is "random" or the victim is particularly sympathetic (e.g. elderly, military veteran, model citizen).



Typically the strategy is to negotiate a term of years. If your friend wants to fight, and loses, all bets are off, and a tough judge will make the possibility of parole illusory.
Reply With Quote
The Following User Says Thank You to enigmaingr For This Useful Post:
Patrickj (07-07-2020)
  #7  
Old 07-07-2020, 05:41 PM
Lifetime30's Avatar
Lifetime30 Lifetime30 is offline
Registered User
Donation Award 
 

Join Date: Dec 2019
Location: United States
Posts: 242
Thanks: 166
Thanked 145 Times in 90 Posts
Default

My man was initially charged with 1st degree murder. He said he was innocent so he wanted to go to trial. But I convinced him otherwise. Next they dropped 1st degree down to 2nd degree and added felony discharge a firearm within an enclosure to incite fear, felony possession of a firearm by a felon, and felony assault with a deadly weapon with intent to kill, inflicting serious injury. Which would have totaled a long long time in prison. But he repeatedly visited his lawyer. Called him esc. And his lawyer saw that he was a good person and worked with the DA. He plead to 5 years and some change. (Manslaughter).
Reply With Quote
  #8  
Old 07-08-2020, 02:58 PM
enigmaingr enigmaingr is offline
Attorney
 

Join Date: Jun 2011
Location: Michigan, USA
Posts: 90
Thanks: 11
Thanked 100 Times in 53 Posts
Default

Quote:
Originally Posted by Lifetime30 View Post
My man was initially charged with 1st degree murder. He said he was innocent so he wanted to go to trial. But I convinced him otherwise. Next they dropped 1st degree down to 2nd degree and added felony discharge a firearm within an enclosure to incite fear, felony possession of a firearm by a felon, and felony assault with a deadly weapon with intent to kill, inflicting serious injury. Which would have totaled a long long time in prison. But he repeatedly visited his lawyer. Called him esc. And his lawyer saw that he was a good person and worked with the DA. He plead to 5 years and some change. (Manslaughter).

Outstanding outcome! I surmise that a large part of that outcome has to do with some legitimate affirmative defenses, or what may loosely be considered an "unsympathetic" victim.


But to the OP's concern, an 8 year outcome would be more akin to a manslaughter conviction, not second degree murder, where in the best situations, you might be able to negotiate a 15-20 year deal.
Reply With Quote
The Following User Says Thank You to enigmaingr For This Useful Post:
sidewalker (08-07-2020)
  #9  
Old 08-06-2020, 08:41 PM
blueocean777 blueocean777 is offline
Registered User
 

Join Date: Apr 2020
Location: CA, US
Posts: 26
Thanks: 0
Thanked 5 Times in 4 Posts
Default

Thank you for your response, I just saw this. This is why I am confused, I was looking up murder convictions in his state and 2nd degree is minimum 10 years, then a deadly weapon is another 10, so thats 20 minimum plus all his other charges..

I feel going to trial he is risking 25 years or something insane when he could atleast get a few years shaved off..

and from what is on the news articles (all public info) the arrest report names off two key witnesses that have a digital trail so I feel the DA will go hard ..

i feel he is very positive though?
Reply With Quote
  #10  
Old 08-10-2020, 12:20 PM
enigmaingr enigmaingr is offline
Attorney
 

Join Date: Jun 2011
Location: Michigan, USA
Posts: 90
Thanks: 11
Thanked 100 Times in 53 Posts
Default

Quote:
Originally Posted by blueocean777 View Post
Thank you for your response, I just saw this. This is why I am confused, I was looking up murder convictions in his state and 2nd degree is minimum 10 years, then a deadly weapon is another 10, so thats 20 minimum plus all his other charges..

I feel going to trial he is risking 25 years or something insane when he could atleast get a few years shaved off..

and from what is on the news articles (all public info) the arrest report names off two key witnesses that have a digital trail so I feel the DA will go hard ..

i feel he is very positive though?

I would say he is unjustifiably optimistic if he thinks he's going to walk out with 8 years on a murder. But he knows his case better than anyone and what really went down. Perhaps there are some significant mitigating factors at play here. If he goes to trial, he just needs to know that the outcome is uncertain; if the law allows for 25 to life, for instance, he better be willing to deal with anything between that.
Reply With Quote
The Following 2 Users Say Thank You to enigmaingr For This Useful Post:
fbopnomore (08-10-2020), safran (08-10-2020)
  #11  
Old 08-10-2020, 05:41 PM
RaeLR RaeLR is offline
Registered User
Donation Award 
 

Join Date: Jul 2017
Location: Oregon, USA
Posts: 175
Thanks: 277
Thanked 318 Times in 110 Posts
Default

Going before a jury is a huge risk these days with mandatory minimums. My man was offered manslaughter (10 years) but decided to go before the jury and got life without any possibility of parole. The state has most of the power in criminal cases and you need to be fairly certain you can beat the prosecutor's case if you insist on a trial. If he does go that route, he better have a good attorney, not a public defender who is overworked, underpaid or incompetent.
Reply With Quote
The Following User Says Thank You to RaeLR For This Useful Post:
fbopnomore (08-10-2020)
  #12  
Old 08-11-2020, 05:05 PM
enigmaingr enigmaingr is offline
Attorney
 

Join Date: Jun 2011
Location: Michigan, USA
Posts: 90
Thanks: 11
Thanked 100 Times in 53 Posts
Default

Quote:
Originally Posted by RaeLR View Post
Going before a jury is a huge risk these days with mandatory minimums. My man was offered manslaughter (10 years) but decided to go before the jury and got life without any possibility of parole. The state has most of the power in criminal cases and you need to be fairly certain you can beat the prosecutor's case if you insist on a trial. If he does go that route, he better have a good attorney, not a public defender who is overworked, underpaid or incompetent.
Absolutely. And I would emphasize that you should go to trial only when you are fairly certain you can beat the charges - the charges as written, not what you think they should be. Going to trial because you don't like the plea offer is usually a very bad idea, unless you know you'll at least be acquitted on some or all of the original charges. The smarter move for less time is to allocute mitigating circumstances at sentencing, after a plea. Once a jury finds you guilty, and the judge has heard everything, you leave yourself exposed to a whole lot worse outcomes. And yes, in the case of mandatory minimums, if the jury finds you guilty, the judge can't do anything for you even if he or she wanted to.
Reply With Quote
The Following 3 Users Say Thank You to enigmaingr For This Useful Post:
fbopnomore (08-11-2020), Lifetime30 (08-11-2020), RaeLR (08-11-2020)
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Charged With Aggravated Robbery w/ Deadly Weapon Without Touching a Weapon Jordanz Texas Legal News & Information 3 08-15-2016 09:17 PM
Assault with a Deadly Weapon... Derek59 Prison & Criminal Legal Help! 2 11-01-2010 07:33 AM
What is considered a deadly weapon? LOVELY123 Prison & Criminal Legal Help! 8 12-08-2008 11:39 PM
Agg.Assualt W/ Deadly weapon..... QueenBizzle Texas Parole, Probation, Work Release & Community Service 6 07-05-2006 03:31 AM
assualt with a deadly weapon Jillian PTO Lounge 0 12-20-2004 01:21 AM


All times are GMT -6. The time now is 05:19 AM.
Copyright © 2001- 2019 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics