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Old 04-21-2007, 11:08 PM
marina marina is offline
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Default violent crimes

I am little lost with this - but lets hypothetically speak for a second and lets say the Fed's come in . Say they say they let go of non - violent offenders. Well what's considered a non violent offender. My husband was convicted of PC 422 - a criminal threat. No one was killed or really hurt but thats besides the point. It was a threat point blank. The place where he is at is always calling him in reference a violent offender ( even though he hasnt had a fight in over 4 years ) but when I looked in the PC book it just says a 422 is like a crime against public safety or something like that - not violent. So I am lost.
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Old 04-22-2007, 10:05 AM
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It is most likely still considered "violent". My son is doing 10 years for hurting no one and his is violent. They will do the easy ones first "if they release anyone" and then maybe consider some other offenses. There are not too many Felonies that are not considered violent.
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Old 04-22-2007, 01:21 PM
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It is considered "violent" My son also had this charge but they put it to a misdeameaner so hes on probation for 3 years. But the judge told him that this is considered a viotent crime. He also did not hit anyone-he only threated his ex wife and thats a no no.
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Old 04-22-2007, 01:22 PM
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On other thing I can not image them letting anyone out soon--it takes time to get all the paper work and then release. Even if the Feds take over I still think it will be some time before they even start to release anyone.
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Old 04-22-2007, 03:03 PM
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Quote:
Originally Posted by zunigan
On other thing I can not image them letting anyone out soon--it takes time to get all the paper work and then release. Even if the Feds take over I still think it will be some time before they even start to release anyone.
I think so too. Also I think that they are going to move as many people as they can to CCF's and MCF's that they can if there is room. Let's face it they don't want to release anyone then seems like they don't have much choice either. JLS made a good post sometime back that they only going to consider the gyms etc as overcrowded. I think that's how that post was
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Old 04-22-2007, 03:45 PM
JLS JLS is offline
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A crime is considered a violent felony if it is listed in Penal Code Section 667.5. This is true irregardless of injury to the victim, in most cases.
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Old 04-23-2007, 12:00 AM
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Quote:
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A crime is considered a violent felony if it is listed in Penal Code Section 667.5. This is true irregardless of injury to the victim, in most cases.
So JLS, is Felon in possesion of a firearm considered a violent offense?
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Old 04-23-2007, 01:34 PM
Gryphon Gryphon is offline
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No.
Criminal Threat (422 P.C.) is a strike, because it's "serious" by definition. It is not "violent". This means that if sent to prison, a 422 gets 50% conduct credits. However, if it acts as a strike prior, a future sentence on a non-violent felony only gets 20% conduct credits and a doubled sentence. (Violent felonies are served at 85%, only 15% conduct credits).

Whether a 422 is considered violent for the purpose of early release is pure speculation, since there are no such plans on the drawing board at the present time.

Quote:
Originally Posted by zunigan
It is considered "violent" My son also had this charge but they put it to a misdeameaner so hes on probation for 3 years. But the judge told him that this is considered a viotent crime. He also did not hit anyone-he only threated his ex wife and thats a no no.
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Old 04-23-2007, 01:41 PM
dracheswife dracheswife is offline
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Gryphon- Is Felon in possesion of a firearm considered a "violent crime" in Cali.?
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