Legal Question in Criminal Law in California
Harsh Ruling
My husband was accused and sentenced to 2 counts robbery and 1 count of having a gun but not personally using it, the judge sentenced him to 17 years and 4 months. The victims in the case are a husband and wife who run a local music store. Both victims have prior felony cases on their records which relate to drug sales. So as you see these victims are not honest respectable people of society, but having their own business made them look good. The day after they had been robbed they received calls from friends and family in town that it was my husband.If I was a juror I would find this very odd being for the fact that supposedly here you are feared and scared for you life but you seem to have no problem with going to the robbers place or residence ''to get a good look at him'' and being the fact that while having a gun put to your wife�s and your head and then being told that if you moved you would be killed, why would you get up and run after the robber(s) un-armed? On the police report the victims indicated that the man with the oriental eyes didn�t have the gun but when testified on stand all witnesses gave different stories.how do you id someone when they had a mask on?wheres the justice?1st offence! 17yrs old! HELP!
2 Answers from Attorneys
Re: Harsh Ruling
HELP in this case means filing an appeal. If there is still time to do so, feel free to contact me and discuss the costs and procedures to do so.
Re: Harsh Ruling
Armed robbery is a serious charge, and it warrants a serious sentence. It doesn't matter who the victims are, since the law protects all of us equally.
If the sentencing was carried out recently there is still time to appeal, but you have to understand that appeals involve arguments about whether the trial court committed legal error and not whether the jurors should have viewed the facts differently. Factual decisions are exclusively for the jury, and no appellate court will even consider changing them except under very unusual circumstances.
Handling an appeal is a complex and difficult process, and many criminal defense attorneys who handle trials do not handle appeals. Even if your husband's attorney does handle appeals, it is often wise to consult with another attorney because sometimes an appeal can be won on the basis of ineffective assistance of trial counsel -- an argument few attorneys are willing to make when it is their own performance they must claim was ineffective.
Please feel free to give me a call if you want to discuss your husband's case further. I have handled dozens of criminal appeals in several different parts of California, and I have been certified by the State Bar's Board of Legal Specialization as a Specialist in Appellate Law. Only about 220 of California's 195,000 attorneys hold this certification, and many of them only handle civil cases.
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