a) An act that could be charged under PL §§ 160.15 (2, 3, or 4), 160.10(2b), or 160.05 that occurs in a commercial setting should be charged under PL § 155.25 if the force or threat of force consists of displaying a dangerous instrument or similar behavior but does not create a genuine risk of physical harm.
Now, note that PL § 155.25 is Petit larceny and is a class A misdemeanor for which a Desk Appearance Ticket is issued, and the perp is out and about in a few hours.
Also note that PL §§ 160.15 (2, 3, or 4) and 160.10(2b), or 160.05 are felonies.
Bragg’s memo also detailed the following instructions for prosecutors to reduce charges filed by cops in various cases:
Armed robbers who use guns or other deadly weapons to stick up stores and other businesses will be prosecuted only for petty larceny, a misdemeanor, provided no victims were seriously injured and there’s no “genuine risk of physical harm” to anyone. Armed robbery, a class B felony, would typically be punishable by a maximum of 25 years in prison, while petty larceny subjects offenders to up to 364 days in jail and a $1,000 fine.
Convicted criminals caught with weapons other than guns will have those felony charges downgraded to misdemeanors unless they’re also charged with more serious offenses. Criminal possession of a weapon in the third degree, a class D felony, is punishable by up to 7 years behind bars.
*Burglars who steal from residential storage areas, parts of homes that aren’t “accessible to a living area” and businesses located in mixed-use buildings will be prosecuted for a low-level class D felony that only covers break-ins instead of for more serious crimes. Those more serious crimes, class B and class C felonies, would be punishable by up to 25 and up to 15 years in prison respectively. *
Drug dealers believed to be “acting as a low-level agent of a seller” will be prosecuted only for misdemeanor possession. Also, suspected dealers will only be prosecuted on felony charges if they’re also accused of more serious crimes or are actually caught in the act of selling drugs. That felony would mean facing up to seven years behind bars.
Yup. According to you everyone is wrong except you.
JWK
Today’s Democrat Party Leadership is infested with Socialist Revolutionaries, the same kind that took over Cuba and now rule over the people with an iron fist!
I’m not trying to make anything up… it can either be read that the burglary charge itself will be downgraded along with the weapons charge - which is how I read it - since that would make sense if they’re trying to reduce the impact on first time offenders. It’s just stupid to only downgrade one charge on a multiple charge situation, when the other is a felony.
And I suppose, according to you, the City Journal is also lying and putting out false information?
“Bragg’s policies for major crimes will have even more serious consequences. Bragg has directed that armed robberies of businesses no longer be charged as robberies, but only as larcenies. If a gun-wielding robber gets away with less than $1,000, which is typically the case in a store robbery, the defendant will be charged solely with petty larceny, a misdemeanor”.
Yup. According to you everyone is wrong except you.
a) An act that could be charged under PL §§ 160.15 (2, 3, or 4), 160.10(2b), or 160.05 that occurs in a commercial setting should be charged under PL § 155.25 if the force or threat of force consists of displaying a dangerous instrument or similar behavior but does not create a genuine risk of physical harm.
Felony Robbery [ PL §§ 160.15 (2, 3, or 4), 160.10(2b) ] will be charged as Petit Larceny [ PL § 155.25] if the force or threat of force consists of displaying a dangerous instrument or similar behavior but does not create a genuine risk of physical harm.
Why are you being so obtuse? Are you just trolling the thread?
By having the criminal act reduced to Petit Larceny [ PL § 155.25 ] as stated in the memo, i.e.:
“…if the force or threat of force consists of displaying a dangerous instrument or similar behavior but does not create a genuine risk of physical harm” it is then reduced to Petit Larceny as per the memo.
A troll is a person that never offers anything of value or substance to the boards. The troll has no intention of taking part in discussions, save to try and ruin them for others. Poeing is not discussion, it is trolling. Any posts that are not conducive to debate, seek to derail a thread with trolling comments or off-topic discussion are subject to being edited or deleted with or without further sanctions at the discretion of the moderators.
“Bragg’s memo also detailed the following instructions for prosecutors to reduce charges filed by cops in various cases:”
Armed robbers who use guns or other deadly weapons to stick up stores and other businesses will be prosecuted only for petty larceny, a misdemeanor, provided no victims were seriously injured and there’s no “genuine risk of physical harm” to anyone. Armed robbery, a class B felony, would typically be punishable by a maximum of 25 years in prison, while petty larceny subjects offenders to up to 364 days in jail and a $1,000 fine.
Convicted criminals caught with weapons other than guns will have those felony charges downgraded to misdemeanors unless they’re also charged with more serious offenses. Criminal possession of a weapon in the third degree, a class D felony, is punishable by up to 7 years behind bars.
Burglars who steal from residential storage areas, parts of homes that aren’t “accessible to a living area” and businesses located in mixed-use buildings will be prosecuted for a low-level class D felony that only covers break-ins instead of for more serious crimes. Those more serious crimes, class B and class C felonies, would be punishable by up to 25 and up to 15 years in prison respectively.
Drug dealers believed to be “acting as a low-level agent of a seller” will be prosecuted only for misdemeanor possession. Also, suspected dealers will only be prosecuted on felony charges if they’re also accused of more serious crimes or are actually caught in the act of selling drugs. That felony would mean facing up to seven years behind bars.
