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  1. #1
    Join Date
    Sep 2004

    Default Unfair Sentence

    My uncle was convicted of attempted home invasion, second degree, which is punishable by imprisonment for not more then 15 years or a fine of $5,000.00 or both. He was sentenced to not less than nine and no more than thirty years.

    We think that this is unjust and unfair punishment. Is there anything we can do to correct this problem?

  2. #2
    Join Date
    Sep 2004

    Default Post-Sentence Options

    Your uncle should have been instructed as to his appeal rights and how to appeal his sentence at the conclusion of his sentencing hearing. His primary recourse is to appeal. He may be eligible for an appointed attorney. Time is limited for pursuing an appeal so your uncle should act promptly to determine and protect his rights.

  3. #3
    Join Date
    Sep 2004

    Default hmm...

    It depends,

    Was the home invasion on someone who had a restraining order against him? If there was a restraining order, was it because they feared their life? Was he stealing when he was caught doing home invasion, or doing drugs? Is he a sex offender, was there children in the house he envaded?

    I don't think they would give him 9 years for just being in someones house.


  4. #4
    Join Date
    Sep 2004

    Default Home Invasion Sentencings

    The crime of home invasion is an aggravated form of burglary, not a form of trespass, and thus often carries a prison term. The sentence described suggests either an upward departure from the guidelines, habitualization, or both.

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