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What is the Sentence for Forcible Rape

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  • 01-11-2013, 04:46 PM
    goldilocks
    What is the Sentence for Forcible Rape
    My question involves criminal law for the state of: California


    Defendant got 5 years for pleading guilty to Forcible Rape; Felony Witness Intimidation (plea bargain).
    He thinks:

    a. He might get house arrest due to prison overcrowding.

    b. Or, he might only serve a couple years if he behaves himself in State Prison.

    c. He will be sent to the nearest state prison to make it more convenient for his visitors.

    d. He can have visitors any day of the week.

    e. He hasn't arranged legal guardianship for his child, although the designated caregivers will provide good care.
    Any decisions regarding emergency medical decisions is just a fax away.


    It is to my understanding that:

    a. He is going to SP due to the severity of the offenses.

    b. He must serve 85% of his sentence due to the severity of the offenses.

    c. He will be sent to wherever a bed is available.

    d. SP visitation is only on Sat/Sun; New Year; Independence Day; Thanksgiving; Christmas.

    e. I'm at a loss on this one.
  • 01-11-2013, 04:53 PM
    cdwjava
    Re: What Are the Facts
    It really depends on the specific statutes he has pled guilty under, and what sort of sentencing recommendations might have been made on his behalf (if any). His prior criminal record also plays a factor in the equation as do a number of other factors.

    But, if he pled to PC 261, house arrest is almost certainly NOT going to happen. He might get "county prison" (i.e. sentenced to county jail to serve state time under AB 109), but house arrest would be largely unheard of ... though, under the right set of circumstances, I would not rule it entirely out. Strange things are happening these days.

    Where he goes and what sort of visitation he might receive depends on factors we cannot possibly know. It is unlikely he will be sent more than a couple hundred miles from home, but that's a decision that others will make, not him.

    Child custody will be a matter for the court to decide and will usually go to family members.
  • 01-11-2013, 05:12 PM
    JKWB
    Re: What Are the Facts
    If in fact he pled guilty to rape, I would suspect he will visit the inside of a state prison.

    Most states are facing over-crowding and have compromised in terms of length of sentence. However, in California they currently limit the amount of good-time for violent crimes. I don't know if 85% is a good number or not....but is consistent with the Federal Prisons.

    As far as where he will go depends on his classification. Being a violent inmate will increase his custody level as does any previous history...this will limit him somewhat to whatever prison has space for his custody level. The California prisons are severely overcrowded and currently under Federal control with a mandate to reduce to 137.5% of capacity by June. He will go where they can squeeze him in (literally).

    Visiting days are set by the individual prisons...mostly weekends. There are limits though...he's not going to spend everyday visiting somebody.

    He really needs to preplan for his child. He is not just a fax machine away...he isn't going to the Marriott.

    With a rape charge, he will have a tough go of it. Next to child molesters the rapists are hated. Tell him to keep his crime to himself.
  • 01-11-2013, 05:12 PM
    goldilocks
    Re: What Are the Facts
    BTW, he told the family that he pleaded to a DV charge, did not mention Forcible rape.

    The court clerk told me it was FR, and she was looking at a computer screen when she told me that.

    hmmmm
  • 01-11-2013, 06:12 PM
    cdwjava
    Re: What Are the Facts
    Code sections ... what code sections has he pled guilty to?
  • 01-11-2013, 07:29 PM
    goldilocks
    Re: What Are the Facts
    Quote:

    Quoting cdwjava
    View Post
    Code sections ... what code sections has he pled guilty to?

    I don't know yet. Will find out when it is available on public record at the courthouse.
  • 01-23-2013, 08:22 PM
    goldilocks
    Re: What Are the Facts
    Quote:

    Quoting cdwjava
    View Post
    Code sections ... what code sections has he pled guilty to?

    Update:

    He was sentenced to 3 years for 261(a)(2) and 2 years for 136.1(b)(1) to be served consecutive as part of his plea bargain at Wasco.

    He must register as a sex offender, and submit to a DNA test.

    He now has Two Strikes on his record for this, and this is his first time in the Pokey.

    His original felony charges were: Five counts 261(a)(2)

    One Count 136.1(b)(1)

    One count 243(e)(1)

    I wish to thank you and all other posters for your replies.

    I'm new to this and appreciate all you guidance.
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