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Calif domestic violence sentencing question
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kevin...@gmail.com
Apr 27, 2013, 5:02:22 PM4/27/13
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Someone attacked me when I caught them stealing my motorcycle and
was subsequently convicted of "243(d) PC BATTERY W/SERIOUS BOD
INJ W/667.5b,667.5" plus "664/10851(a) CVC ATMPT UNLWFL DRV/
TAKE VEH W/667.5b 667.5" and sentenced to a little over 5 years in
prison. The person had previously lived at the property but was not
on the title, didn't have a room, had not been there for over a year
other than spending one night on the couch and another camping in
the yard.
Those nights he was having trouble with his girlfriend where he had
been living for most of that year. He didn't state his intention to
move back in just that they were not getting along and he "thought"
he might have to leave her. He is related to the owner of the property
and I have been involved with her for many years.
He claims that we lied in court about his having residency there and
that that caused him to get a lot more time as otherwise it would have.
It looks to me that he would have got more time if he was a resident.
California Penal Code 12022.7(e) Any person who personally inflicts
great bodily injury under circumstances involving domestic violence
in the commission of a felony or attempted felony shall be punished
by an additional and consecutive term of imprisonment in the state
prison for three, four, or five years. As used in this subdivision,
"domestic violence" has the meaning provided in subdivision (b)
of Section 13700
So, I'm thinking, just for the sake of settling the argument, to give
him the benefit of the doubt, even if he had established residency
can anyone out here answer: would he have gotten more time or less?
was subsequently convicted of "243(d) PC BATTERY W/SERIOUS BOD
INJ W/667.5b,667.5" plus "664/10851(a) CVC ATMPT UNLWFL DRV/
TAKE VEH W/667.5b 667.5" and sentenced to a little over 5 years in
prison. The person had previously lived at the property but was not
on the title, didn't have a room, had not been there for over a year
other than spending one night on the couch and another camping in
the yard.
Those nights he was having trouble with his girlfriend where he had
been living for most of that year. He didn't state his intention to
move back in just that they were not getting along and he "thought"
he might have to leave her. He is related to the owner of the property
and I have been involved with her for many years.
He claims that we lied in court about his having residency there and
that that caused him to get a lot more time as otherwise it would have.
It looks to me that he would have got more time if he was a resident.
California Penal Code 12022.7(e) Any person who personally inflicts
great bodily injury under circumstances involving domestic violence
in the commission of a felony or attempted felony shall be punished
by an additional and consecutive term of imprisonment in the state
prison for three, four, or five years. As used in this subdivision,
"domestic violence" has the meaning provided in subdivision (b)
of Section 13700
So, I'm thinking, just for the sake of settling the argument, to give
him the benefit of the doubt, even if he had established residency
can anyone out here answer: would he have gotten more time or less?
micky
May 5, 2013, 2:44:56 PM5/5/13
to
>been living for most of that year. ...
His girlfriend? What does involved mean? You're partners in an
oil-drilling company in Mexico?
I am not a lawyer
>So, I'm thinking, just for the sake of settling the argument, to give
>him the benefit of the doubt, even if he had established residency
>can anyone out here answer: would he have gotten more time or less?
Are you thinking of saying this directly to him, to a court, to a
parole hearing, to people he knows? What?
IIUC he wants you to pay him money because you lied and his prison
sentence was longer? So the only way you will "selttle the argument"
is by your paying him money? How much money? Will that amount of
money really satisfy him in the long run? (He'll sign a contract
waiving any possible right to more money? Do you need a lawyer for
that?) Is he still in jail? Who are you to pay the money to?
Someone who will hold it for him, or someone he wants to give the
money to, like a child or girlfriend? If the person holding the money
for him, spends it and doesn't give it to him when he gets out, with
whom will he be angry? Her, you, both of you?
Are you going to give him the benefit of the doubt IN COURT? Might
not that make you guilty of perjury? Even if out of court, IN
WRITING? Perjury again?
Unless I misunderstand something, I would not make an admission that
he was a resident at the time. It seems unlikely that his goal is
just to be vindicated, to get the last word (See, I *was* a resident).
He either wants out of jail earlier than expected, or he wants money,
doesn't he?
You could say, "I deny that you were a resident, (or Regardless of
whether you were a resident) but if you were a resident, your
sentence would be longer" So he gets nothing. Would that settle
things? Is that what you mean? I think that IS a possibility, if he
were convinced the sentence would have been longer, or no shorter.
But I'm not sure what you're saying.
In addition, you're not a lawyer. Neither am I but it seems to me, you
can't say whether he was a resident or not, which is a legal
conclusion. You can only tell the facts, which you did in the part I
snipped. Are you saying one or more of those facts are incorrect?
> He is related to the owner of the property
> and I have been involved with her for many years.
Probably unimportant but who is "her", the owner of where you live?
> and I have been involved with her for many years.
His girlfriend? What does involved mean? You're partners in an
oil-drilling company in Mexico?
I am not a lawyer
>So, I'm thinking, just for the sake of settling the argument, to give
>him the benefit of the doubt, even if he had established residency
>can anyone out here answer: would he have gotten more time or less?
parole hearing, to people he knows? What?
IIUC he wants you to pay him money because you lied and his prison
sentence was longer? So the only way you will "selttle the argument"
is by your paying him money? How much money? Will that amount of
money really satisfy him in the long run? (He'll sign a contract
waiving any possible right to more money? Do you need a lawyer for
that?) Is he still in jail? Who are you to pay the money to?
Someone who will hold it for him, or someone he wants to give the
money to, like a child or girlfriend? If the person holding the money
for him, spends it and doesn't give it to him when he gets out, with
whom will he be angry? Her, you, both of you?
Are you going to give him the benefit of the doubt IN COURT? Might
not that make you guilty of perjury? Even if out of court, IN
WRITING? Perjury again?
Unless I misunderstand something, I would not make an admission that
he was a resident at the time. It seems unlikely that his goal is
just to be vindicated, to get the last word (See, I *was* a resident).
He either wants out of jail earlier than expected, or he wants money,
doesn't he?
You could say, "I deny that you were a resident, (or Regardless of
whether you were a resident) but if you were a resident, your
sentence would be longer" So he gets nothing. Would that settle
things? Is that what you mean? I think that IS a possibility, if he
were convinced the sentence would have been longer, or no shorter.
But I'm not sure what you're saying.
In addition, you're not a lawyer. Neither am I but it seems to me, you
can't say whether he was a resident or not, which is a legal
conclusion. You can only tell the facts, which you did in the part I
snipped. Are you saying one or more of those facts are incorrect?
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