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- Florida Sentencing Enhancements Pt. 2: Habitual Felony Offenders & Habitual Violent Felony Offenders
An overview of the Habitual Felony Offender and Habitual Violent Felony Offender statutes. Unlike the PRR statute, which precludes the court from imposing a sentence that is less than the statutory maximum, these recidivist provisions increase the statutory maximum and, in the case of an HVFO, impose certain minimum mandatory prison terms as well.
- Colorado’s Regulations for Munching on Marijuana Edibles
Since legalizing, Colorado’s marijuana industry has grown up over night with plenty of potential for growers and sellers. Everyone is looking for a piece of the proverbial pot pie, even the bakers and chefs.
- Can DUI Turn into First Degree Murder?
Around midnight on March 24th, tragedy struck. According to the charging document, Ever Olivos-Gutierrez, an undocumented illegal alien, was driving a Ford Exposition near the intersection of Dayton Street and Colfax Avenue in Aurora just east of Denver. He did not have a valid license. Police say he had been drinking and ran a red light. His vehicle collided with a Chevrolet Camero driven by 17 year old Juan Carlos Dominguez-Palomino. The young man was killed.
- What Are the Consequences for Making Bomb Threats?
Some believe bomb threats to be an extravagant prank, others use them to avoid responsibilities like exams or bills, and still others use them to hide some other nefarious purpose. Whatever the reason, making bomb threats is a very serious crime with heavy criminal penalties. So what are the consequences for making bomb threats?
- Which Is Cheaper, Execution or Life in Prison Without Parole?
It is an age old question that many of us have debated at one point or another: should executions be legal? Are they an effective deterrent and means of punishment, or is it an expensive and anachronistic practice from a less civilized time? Regardless of where you come down on the debate, one key factor that always seems to come up is cost. So, which is cheaper: execution or life in prison without parole?
- Michigan Assault Charges and The Stand Your Ground Defense
Michigan assault charges can be defended by asserting self-defense. There is a Michigan Self-Defense statute, MCL 750.951 and jury instructions which protect a defendant's right to self-defense. In many cases, there’s no legal duty to retreat from an attacker -- at home or out in public. This is known as the Stand Your Ground defense.
- What Are the Different Types of Criminal Homicide?
Homicide is the taking of a human life. Every state in the US has its own unique classifications of homicide, but these classifications generally fall into three general categories. Those general categories are murder, manslaughter, and justifiable homicide.
- A Principal in Disturbing the Peace May Be Sentenced to 25 Year-To-Life for Attempted Murder that Follows
A reasonably foreseeable consequence of two rival gangs disturbing the peace, in confronting each other is a weapons discharge, as did occur. Consequently, as a principal in disturbing the peace, the attempted murder conviction was proper. Therefore, the 25 years-to-life sentenced was proper.
- Maryland Citizen’s Dream of Death Penalty Abolition Closer to Reality
To execute just one innocent person is too much, even if it means that people convicted of offenses like homicide will escape the ultimate punishment for their crimes.
- Partygoers’ Convictions for Attempted Murder Based on “Kill Zone” Theory Reversed
The Second Appellate District, in People v. J.S. (2012 DJDAR 16323), quickly recognized that the “kill zone” theory was based on principles of transferred intent. The court pointed out the distinction between the intent in murder and that in attempted murder.