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to charge someone with something they didn't actually do Not sure how you can frame a previous "strike" as something they didn't actually do. The strikes were
by myfavoritedog 5y ago
to charge someone with something they didn't actually do
Not sure how you can frame a previous "strike" as something they didn't actually do. The strikes were actual crimes with convictions.
The legal notion of sentence modifications based upon various factors is nothing new. You can get extra time for committing a robbery if you had a gun when committing it, even if the gun wasn't loaded or fired.
- tyingq 5y ago"You can get extra time for committing a robbery if you had a gun when committing it" That's something you did, and an actual named charge "Robbery with a Dangerous Weapon" or similar. Charging someone with a felony for repeated petty shoplifting is just odd though. They upgrade the charge to, "felony burglary", for example, when the crime clearly didn't fit the definition of "felony burglary" in the law. They have separate laws for how the "upgrade" occurs.