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  1. #1

    Default 12 to Life for Past Convictions

    My question involves criminal law for the state of: New York City.

    My husband was accused of burglary and was offered a plea of 12 to Life for past convictions and not for the crime in which he was accused. Am I missing the point in this action or is this actually legal?

    Please educate. I am having a difficult time understanding why was my husband given a $1,000,000.00 bail and reduced to half a million when there was no harm done to the victim, no household possessions were recovered, nor did he have a weapon.

    Can a person be recharged for time served in prison for past felonies? I have heard some prisoners with 6 felonies and 30 misdemeanors and the Judge has given him 1 year in prison. Another had a weapon and accused of assault and was given 5 or less years.

    My husband did not have any of these things and only walked in and out of building and he was accused of the crime. Is this legally permitted? As far as I know, my husband did not massacre a nation or annihilate a family or attempt a terrorist bombing. What gives??????????

  2. #2
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: 12 to Life for Past Convictions

    NYS has two third strike levels of sentencing. one for persistent violent felons (3 or more convictions for violent felonies) and persistent felons (any 3 felonies). To count toward the 3 felonies, each crime must be committed after the sentence for the prior crime has been imposed and that sentence must be for at least one year incarceration. I would assume that they're sentencing him under this rule.

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