California Democrats flirted with something similar at a legislative level, but Manhattan’s newest Soros DA is going forward with it.
A bill proposed by an East Bay Senator with the intent to revise the penal code is getting a lot of attention, as critics say it would essentially re-classify violent robberies to misdemeanor petty thefts. This has sparked outrage from members of the Asian American community, who are now speaking out, saying this is not their idea of justice.
The concern now is over bill SB82 which, if passes, would reclassify certain robberies which do not involve a deadly weapon or great bodily harm as misdemeanors, not felonies. Misdemeanors carry a maximum $1,000 fine and one year behind bars.
Over in Manhattan, Alvin Bragg is fine with deadly weapons. His Day 1 letter specifically states that armed robberies are fine.
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.
What does that mean in English?
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.
In the real world, they’ll be out on the street in 5 minutes.
In his first memo to staff on Monday, Alvin Bragg said his office “will not seek a carceral sentence” except with homicides and a handful of other cases, including domestic violence felonies, some sex crimes and public corruption.
Manhattan will shortly outperform San Francisco. More from Bragg’s letter includes treating drug dealers as misdemeanors, a slap on the wrist for breaking into garages, and releasing criminals as soon as they’re arrested.
There is a presumption of pre-trial non-incarceration for every case except those with charges of homicide or the death of a victim, a class B violent felony in which a deadly weapon or dangerous instrument causes serious physical injury, sex offenses in Article 130 of the Penal Law, domestic violence felonies or charges of PL § 215.50, public corruption, rackets, or major economic crimes, including any attempt to commit any such offense under Article 110 of the Penal Law. For any charge of attempt to cause serious physical injury with a dangerous instrument, ADAs must obtain the approval of an ECAB supervisor to seek pretrial detention…
An ADA may request pretrial detention in such extraordinary circumstances after submitting the Application for Pretrial Detention form to their ECAB supervisor.
Extraordinary circumstances. That’s the sort of attitude that put guys like this right back on the street.
The man charged in two violent, seemingly random attacks against two women near 79th and Broadway Thursday morning was issued pre-trial release on Friday, according to online court records.
According to the D.A., in August 2020, Johnson allegedly punched a man, knocking him to the ground; he then allegedly kicked and stomped on the victim’s head and body. The assault-in-the-third-degree charges for this incident are misdemeanors and not eligible for monetary bail; Johnson was released on his own recognizance.
For the December 2, 2021, assaults allegedly committed by Johnson, the Assistant District Attorney asked for and received supervised release
So it’s only going to get worse. Along with a push for diversion programs and “restorative justice”.
Manhattan felt broken and dangerous when I was recently there. It’s only going to get worse.