Re: Four Bama football players arrested...
Isn't the unlicensed firearm charge just a misdemeanor? Given what I know, I'm really puzzled that the charge was so light. It would seem that he could have been charged with more (and still could). I'll bet that, if the TPD had known what he was going to do the next 24 hours, he would have been charged more heavily. You're the expert in this area, but it seems to be a real stretch to me to consider the threatened robbery at the service station and the assault the next day a single incident...
When I say single incident, I don't mean that literally. It is hard to explain, but even if the gun charge was a felony and since the robberies happened the next day, he would likely face the charges in court at the SAME TIME, meaning they would be adjudicated at the same time so there would technically be NO prior. Does that make sense?
I believe that unless he has a prior gun charge that we don't know about, it would indeed by a misdemeanor and wouldn't play a part in a "repeat offender" situation because it was a misdemeanor.
Personally, I believe the BP incident was Divine intervention. Had he had that gun on him when he beat the victims nearly to death, it would have been Robbery 1st (if not murder) and he would be looking at a lengthy prison sentence. Even if he was to get 10 years on the Robbery 2nd, if he gets a straight sentence of 10 years (mid range) he serves maybe 2.5 to 3 years and comes out with no paper (no probation.) If his sentence was split or suspended, he would have some probation (paper) after serving jail time. Robbery 1st, even with 10 years being the minimum, he would probably get 20 straight (meaning no split or suspended sentence) and he would serve at least a 3rd of that. Most defendants facing jail time want to to the split sentence route as that means less jail time but when you come out after 12-18 months and face 5 years of probation, you set yourself up for complete disaster unless you completely change your life. Say your choices are 10 years split to serve 2 and then 5 years of probation. You "really" have 7 years of "confinement" because of the probation. If you choose a 10 year straight sentence you likely serve 3-4 years in the pen but you come out with no probation. If you screw up under the first choice, you are now a repeat offender facing your NEW charges and now you are also going to be hit with a probation revocation and likely you will serve out your original sentence of 10 years PLUS the prision term for the new felony. This is generally why you see people going in prision for long periods of time for non-violent crimes, aka drug charges, property crimes, etc.
Anyway, I rambled on. I think I cleared up the single incident issue, though. haha
