minimum jail time?

EndUnknown · 06-19-2008, 07:01 PM

Anyone who is a lawyer/judge/just happens to know, what would the minimum jail time be for:
assault on a minor
battery
2 counts of rape
child pornography
violating a restraining order
failure to appear in court

Bear holding a shark · 06-19-2008, 07:15 PM

Uhh... do you have reason to be concerned?

ESPKH2 · 06-19-2008, 07:17 PM

Honestly, at least 10 years.

EndUnknown · 06-19-2008, 07:18 PM

Quote:

Originally Posted by Saline

Uhh... do you have reason to be concerned?

my friend was beaten and raped twice

Luna · 06-19-2008, 08:07 PM

One thing is for sure, he should get punished for his entire life.
I hope he gets what he deserves.

I feel so sorry for your friend...
I hope he/she is feeling better.

hxcolin · 06-19-2008, 08:41 PM

I would think that would get a life sentence.

Locke · 06-19-2008, 08:59 PM

Well, and this may vary from state to state, but only the first three charges could get any significant jail time. Maybe for the child porn, but unlikely; it depends on the circumstances. Failure to appear in court may be a month at best, if any. But the rape, and the assault and battery, that could easily lead to 10 years on a full conviction(i.e. found guilty, no plea bargaining). Rape should get about the same punishment in any state, if memory serves, and when you add all the other charges, especially the assault and battery, this could really add up even in more lax states. Now, this all depends on how the prosection takes this, and how related the charges all. If they're all in one trial, this dude's pretty much screwed. But if they aren't related enough to warrant only one trial, he may have several different trials, some of which he may win or lose. It all comes down to how solid the case is, and how good the lawyers on both sides. But as for a base number if convicted on all charges? 5 minimum, 10 expected, 15 max, though I don't know of a state with penalties that great.

EndUnknown · 06-20-2008, 04:44 AM

well apparently he's getting 5 minimum just for violating the restraining order(im sure the high sentence is because of what he did while violating it)

Locke · 06-20-2008, 07:49 PM

Is that time just for the restraining order, or are they sort of rolling all the charges into one low monthly payment?

EndUnknown · 06-20-2008, 08:00 PM

That's JUST the restraining order.

Locke · 06-21-2008, 01:41 PM

Ouch. Yeah, this guy's gonna have a hard time worming his way out of this one. Let's just hope that the prosecuter is competent, because you don't want this guy to worm out on technicalities.

EndUnknown · 06-21-2008, 02:05 PM

Quote:

Originally Posted by Locke

Ouch. Yeah, this guy's gonna have a hard time worming his way out of this one. Let's just hope that the prosecuter is competent, because you don't want this guy to worm out on technicalities.

yeah. I hope he rot's in jail.

EndUnknown · 09-25-2008, 06:06 PM

an update: they are dropping her case, based on the argument, that because she was into rough sex, he didn't know she didn't like it. she is going to file for an appeal

lacrosse_man16 · 09-25-2008, 06:17 PM

Thats a **** load to drop!!! Are you sure ALL of those where actually tried? it sounds like only the rape was charged since everything else was hard evidence and will defiantly not be overlooked.

If he was to be charged though this is what he would be looking at for the minimum (Keep in mind these charges are committed by the lowest of the low and are treated harshly so minimum is unlikely):

Child porn 45 days
Assault 9 Years (assuming that's included with the battery so that would be aggravated assault with a weapon)
Rape 10 years for each count (Statutory rape im assuming if its just rape its 7 years)
Failure to appear Anything from 10 days to a few months

So in the end we are looking at 27+ years
Violation of restraining order 30 days

Locke · 09-25-2008, 06:39 PM

Sounds like lawyer error, or rather, the defense had a smarter lawyer.

Which is what I was afraid of. Whoever this guy got to defend him was smart, playing off of people's perceptions of this man to create a seemingly logical defense that is nearly impentrable to boot as far as "reasonable doubt" goes.

birdman · 09-25-2008, 07:01 PM

Wow dude, how can you get a case dropped when it involves rape and breaking a restraining order?

Our justice system sucks.

Locke · 09-25-2008, 07:07 PM

Quote:

Originally Posted by birdman

Wow dude, how can you get a case dropped when it involves rape and breaking a restraining order?

Our justice system sucks.

Quote:

Originally Posted by Locke

Sounds like lawyer error, or rather, the defense had a smarter lawyer.

Which is what I was afraid of. Whoever this guy got to defend him was smart, playing off of people's perceptions of this man to create a seemingly logical defense that is nearly impentrable to boot as far as "reasonable doubt" goes.

That's the primary reason for those with heinous crimes getting off.

EndUnknown · 09-25-2008, 08:20 PM

Quote:

Originally Posted by Locke

06-19-2008, 07:15 PM	#2 (permalink)
Bear holding a shark Zune Freak Join Date: Dec 2007 Location: 15 miles south of Nowhere, USA Posts: 1,238 Reputation: 107 $zB: 779 Donate	Uhh... do you have reason to be concerned? __________________ To view links or images in signatures your post count must be 0 or greater. You currently have 0 posts.

06-19-2008, 08:07 PM	#5 (permalink)
Luna Experienced Zuner Join Date: May 2008 Location: Wonderland. Posts: 104 Reputation: 26 $zB: 98 Donate	One thing is for sure, he should get punished for his entire life. I hope he gets what he deserves. I feel so sorry for your friend... I hope he/she is feeling better. __________________ "If A is a success in life, then A equals x plus y plus z. Work is x; y is play; and z is keeping your mouth shut." -Einstein To view links or images in signatures your post count must be 0 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 0 or greater. You currently have 0 posts. Psssstt, excuse my poor english. This is my second language.

06-19-2008, 08:41 PM	#6 (permalink)
hxcolin Zuner Join Date: Jun 2008 Posts: 60 Reputation: 10 $zB: 49 Donate	I would think that would get a life sentence. __________________ To view links or images in signatures your post count must be 0 or greater. You currently have 0 posts. MySpace: To view links or images in signatures your post count must be 0 or greater. You currently have 0 posts.

09-25-2008, 06:17 PM	#14 (permalink)
lacrosse_man16 Aims to Please Retired Staff Experienced Zuner Join Date: Apr 2008 Posts: 215 Reputation: 78 $zB: 200 Donate	Thats a **** load to drop!!! Are you sure ALL of those where actually tried? it sounds like only the rape was charged since everything else was hard evidence and will defiantly not be overlooked. If he was to be charged though this is what he would be looking at for the minimum (Keep in mind these charges are committed by the lowest of the low and are treated harshly so minimum is unlikely): Child porn 45 days Assault 9 Years (assuming that's included with the battery so that would be aggravated assault with a weapon) Rape 10 years for each count (Statutory rape im assuming if its just rape its 7 years) Failure to appear Anything from 10 days to a few months So in the end we are looking at 27+ years Violation of restraining order 30 days __________________ zb Redneck Commandeer of the Whiskey Brigade Last edited by lacrosse_man16 : 09-25-2008 at 06:28 PM.

09-25-2008, 07:01 PM	#16 (permalink)
birdman Zune Guardian Join Date: Jan 2008 Location: earth Posts: 717 Reputation: 54 $zB: 685 Donate	Wow dude, how can you get a case dropped when it involves rape and breaking a restraining order? Our justice system sucks. __________________ My signature sucks, but it is better than yours. Oh yeah, I'm always drunk, or high. So if you get pissed off at me for saying something to piss you off, **** you.

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06-19-2008, 07:17 PM	#3 (permalink)
ESPKH2 Experienced Zuner Join Date: Jun 2008 Posts: 108 Reputation: 10 $zB: 98 Donate	Honestly, at least 10 years.

06-19-2008, 08:59 PM	#7 (permalink)
Locke The stalker of zB Support Team Jr. Staff Elite Zuner Join Date: May 2008 Location: The original n00blet chef Posts: 2,021 Reputation: 196 $zB: 167 Donate Awards Showcase Total Awards: 3	Well, and this may vary from state to state, but only the first three charges could get any significant jail time. Maybe for the child porn, but unlikely; it depends on the circumstances. Failure to appear in court may be a month at best, if any. But the rape, and the assault and battery, that could easily lead to 10 years on a full conviction(i.e. found guilty, no plea bargaining). Rape should get about the same punishment in any state, if memory serves, and when you add all the other charges, especially the assault and battery, this could really add up even in more lax states. Now, this all depends on how the prosection takes this, and how related the charges all. If they're all in one trial, this dude's pretty much screwed. But if they aren't related enough to warrant only one trial, he may have several different trials, some of which he may win or lose. It all comes down to how solid the case is, and how good the lawyers on both sides. But as for a base number if convicted on all charges? 5 minimum, 10 expected, 15 max, though I don't know of a state with penalties that great.

06-20-2008, 07:49 PM	#9 (permalink)
Locke The stalker of zB Support Team Jr. Staff Elite Zuner Join Date: May 2008 Location: The original n00blet chef Posts: 2,021 Reputation: 196 $zB: 167 Donate Awards Showcase Total Awards: 3	Is that time just for the restraining order, or are they sort of rolling all the charges into one low monthly payment?

06-21-2008, 01:41 PM	#11 (permalink)
Locke The stalker of zB Support Team Jr. Staff Elite Zuner Join Date: May 2008 Location: The original n00blet chef Posts: 2,021 Reputation: 196 $zB: 167 Donate Awards Showcase Total Awards: 3	Ouch. Yeah, this guy's gonna have a hard time worming his way out of this one. Let's just hope that the prosecuter is competent, because you don't want this guy to worm out on technicalities.

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