NYC nitwits get what they deserve: Newly elected DA, Alvin Bragg, will stop most criminal prosecutions

fallenturtle · January 6, 2022, 1:01am

I don’t understand this opposition to not ruining the lives of one-time offenders, to giving a second chance. If there’s a concern of fatherless families, wouldn’t less fathers being in jail help? Isn’t it more expensive to keep them in jail?

johnwk2 · January 6, 2022, 1:05am

Is that so? Well, thank you for confessing Captain Obvious

Call_me_Ishmael · January 6, 2022, 1:10am

Strawman: a close cousin to a lie.

Supreme_War_Pig · January 6, 2022, 1:16am

That’s the problem with the conservative outlook. They can identify the problem, but can only think if more of the same, just more.

Of course our problem is we want full, top to bottom, systemic change yesterday.

fallenturtle · January 6, 2022, 1:18am

johnwk2:

fallenturtle:

johnwk2:

fallenturtle:

johnwk2:

The point is Alvin Bragg’s policy encourages grand theft in NYC on a massive scale.

How? People are still being punished and repeat offenders can still be sent to jail.

The punishment for grand larceny has been lowered to what amounts to a slap on the wrist.

I have seen no evidence of that,

Part of the new policy can be found HERE:

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.

None of that mentions grand larceny.

To borrow the phrase from one of our fellow honored guests, why “regurgibleat” the NY Post instead of actually referencing the memo?

Dem · January 6, 2022, 1:39am

I feel like the left and right just have different views on justice. The left wants more rehabilitation, while the right wants more punishment.

FreeAndClear · January 6, 2022, 1:51am

Law and order until they riot and then it’s victims of repression!

johnwk2 · January 6, 2022, 2:11am

fallenturtle:

johnwk2:

fallenturtle:

johnwk2:

fallenturtle:

johnwk2:

The point is Alvin Bragg’s policy encourages grand theft in NYC on a massive scale.

How? People are still being punished and repeat offenders can still be sent to jail.

The punishment for grand larceny has been lowered to what amounts to a slap on the wrist.

I have seen no evidence of that,

Part of the new policy can be found HERE:

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.

None of that mentions grand larceny.

To borrow the phrase from one of our fellow honored guests, why “regurgibleat” the NY Post instead of actually referencing the memo?

So, a person can commit Robbery in the first degree, steal a bride’s wedding ring, and under the new policy will be charged with Petit larceny

The following offenses can be charged as follows as stated in the ACTUAL POLICY

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.
b) The possession of a non-firearm weapon under Penal Law § 265.02(1) shall not be
charged unless as a lesser included offense, and § 265.01 shall be charged instead.
c) Residential burglaries: An act involving theft of property from a storage area or other
portion of a dwelling that is not accessible to a living area that could be charged under
PL § 140.25(2) should be charged only under PL §140.20 and not under PL §140.30 or
PL §140.25(2).
d) Commercial burglaries: An act involving theft of property from a commercial
establishment that could be charged under PL § 140.25(2) because such establishment
is technically part of a larger structure that contains dwellings shall only be charged
under § 140.20.
e) Drug cases: If there is a reasonable view of the evidence indicating that a person
arrested for the sale of a controlled substance is acting as a low-level agent of a seller,
such person shall be charged with 220.03 and no felonies and therefore offered
diversion. Also, unless such charge is a lesser included offense or unless the defendant
actually sold a controlled substance, the offense of Penal Law § 220.06 shall not be
charged and 220.03 shall instead be charged.

JWK

CanadianJudo · January 6, 2022, 2:17am

so they didn’t send a teenagers to prison for three years for stealing a backpack without a trial?

fallenturtle · January 6, 2022, 3:43am

johnwk2:

fallenturtle:

johnwk2:

fallenturtle:

johnwk2:

fallenturtle:

johnwk2:

The point is Alvin Bragg’s policy encourages grand theft in NYC on a massive scale.

How? People are still being punished and repeat offenders can still be sent to jail.

The punishment for grand larceny has been lowered to what amounts to a slap on the wrist.

I have seen no evidence of that,

Part of the new policy can be found HERE:

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.

None of that mentions grand larceny.

To borrow the phrase from one of our fellow honored guests, why “regurgibleat” the NY Post instead of actually referencing the memo?

So, a person can commit Robbery in the first degree, steal a bride’s wedding ring, and under the new policy will be charged with Petit larceny

The following offenses can be charged as follows as stated in the ACTUAL POLICY

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.
b) The possession of a non-firearm weapon under Penal Law § 265.02(1) shall not be
charged unless as a lesser included offense, and § 265.01 shall be charged instead.
c) Residential burglaries: An act involving theft of property from a storage area or other
portion of a dwelling that is not accessible to a living area that could be charged under
PL § 140.25(2) should be charged only under PL §140.20 and not under PL §140.30 or
PL §140.25(2).
d) Commercial burglaries: An act involving theft of property from a commercial
establishment that could be charged under PL § 140.25(2) because such establishment
is technically part of a larger structure that contains dwellings shall only be charged
under § 140.20.
e) Drug cases: If there is a reasonable view of the evidence indicating that a person
arrested for the sale of a controlled substance is acting as a low-level agent of a seller,
such person shall be charged with 220.03 and no felonies and therefore offered
diversion. Also, unless such charge is a lesser included offense or unless the defendant
actually sold a controlled substance, the offense of Penal Law § 220.06 shall not be
charged and 220.03 shall instead be charged.

JWK

Only if the wedding ring is worth less than $1,000 and it was stolen in a commercial setting and they don’t create a genuine risk of physical harm.

johnwk2 · January 6, 2022, 3:50am

fallenturtle:

johnwk2:

fallenturtle:

johnwk2:

fallenturtle:

johnwk2:

fallenturtle:

johnwk2:

The point is Alvin Bragg’s policy encourages grand theft in NYC on a massive scale.

How? People are still being punished and repeat offenders can still be sent to jail.

The punishment for grand larceny has been lowered to what amounts to a slap on the wrist.

I have seen no evidence of that,

Part of the new policy can be found HERE:

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.

None of that mentions grand larceny.

To borrow the phrase from one of our fellow honored guests, why “regurgibleat” the NY Post instead of actually referencing the memo?

So, a person can commit Robbery in the first degree, steal a bride’s wedding ring, and under the new policy will be charged with Petit larceny

The following offenses can be charged as follows as stated in the ACTUAL POLICY

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.
b) The possession of a non-firearm weapon under Penal Law § 265.02(1) shall not be
charged unless as a lesser included offense, and § 265.01 shall be charged instead.
c) Residential burglaries: An act involving theft of property from a storage area or other
portion of a dwelling that is not accessible to a living area that could be charged under
PL § 140.25(2) should be charged only under PL §140.20 and not under PL §140.30 or
PL §140.25(2).
d) Commercial burglaries: An act involving theft of property from a commercial
establishment that could be charged under PL § 140.25(2) because such establishment
is technically part of a larger structure that contains dwellings shall only be charged
under § 140.20.
e) Drug cases: If there is a reasonable view of the evidence indicating that a person
arrested for the sale of a controlled substance is acting as a low-level agent of a seller,
such person shall be charged with 220.03 and no felonies and therefore offered
diversion. Also, unless such charge is a lesser included offense or unless the defendant
actually sold a controlled substance, the offense of Penal Law § 220.06 shall not be
charged and 220.03 shall instead be charged.

JWK

Only if the wedding ring is worth less than $1,000 and it was stolen in a commercial setting and they don’t create a genuine risk of physical harm.

So, you agree a person can commit Robbery in the first degree, steal a bride’s wedding ring, and under the new policy will be charged with Petit larceny.

BTW, where is that less than a $1,000 thing stated in the policy?
JWK

Ben_Natuf · January 6, 2022, 3:53am

works great, criminals off the streets.

CanadianJudo · January 6, 2022, 4:01am

Gotta keep that cheap labour force alive.

Ben_Natuf · January 6, 2022, 4:03am

nothing like learning good job skills to turn a life around

Paul_Thomson · January 6, 2022, 4:07am

The new mayor is on record as agreeing with Bragg on prosecution policy. Forked tongue on the hustings.

Paul_Thomson · January 6, 2022, 4:10am

No. The left want rehab only. Carrot no stick. The right want punishment and rehab. Carrot and stick.

e7alr · January 6, 2022, 5:20am

The last paragraph of the policy letter is a little gem of it’s own. When it comes to non-citizens the DA’s office is to take action to avoid immigration consequences for the individual arrested.

fallenturtle · January 6, 2022, 7:02am

Only if the wedding ring is worth less than $1,000 and it was stolen in a commercial setting and they don’t create a genuine risk of physical harm.

If its over $1,000 then its grand larceny and not petite larceny. The point is that if they steal less than 1k, which is a misdemeanor, but they threaten with a dangerous instrument, but it does not create a genuine risk of physical harm, then it will be still charged as a misdemeanor even though normally that would have made it a felony. They aren’t creating some strange loophole where if you normally would have been charged for grand larceny because of the property value it gets marked down to a misdemeanor because you added a weapon to the situation.

fallenturtle · January 6, 2022, 7:06am

Incarceration isn’t the only punishment, but its certainly a life altering one. When they are sent to jail you are basically handicapping their chances at successful rehabilitation. Jail should be reserved for major crimes, violent crimes, and repeat offenders.

Paul_Thomson · January 6, 2022, 7:55am

Not true. People choose to rehabilitate from jail. That many don’t is their own choice. One can make jail more rehab friendly without jettisoning it for most serious crimes.