fl man gets life in prison for pocketknife

If true this ia a damn shame.
It's a case of not only is Justice being blind it's flat out brain damaged.
 
Doesn't strike me so much as a weapons story, as a misapplication of sentencing guidelines. That's the bigger tragedy.
 
"...The assistant state attorney, (Jeffery Snelling) who prosecuted Tim, offered Tim a plea bargain of twelve (12) year's imprisonment if Tim would plea guilty to ARMED BURGLARY. based on a number of factors, Tim rejected the plea bargain and chose to exercise his absolute right under The united States constitution to a trail by jury..."

He was given an opportunity to plea to 12 years and refused. He rolled the dice of chance and got slapped down. He is a criminal who committed a felony act while carring a knife. The state just followed the letter of the law. Another issue not addressed is this persons criminal history. He may have a criminal history that may have also played into the decision of both the jury and DAs office.

Those of you who believe a knife is not a real weapon while carried by a criminal are very sadly mistaken. This person could have decided to fight the police and used that knife to kill or injure one of them.

Anyway, this sad sack criminal is locked up and not committing any more crimes.
 
While he was a criminal (and thus, an idiot who belongs in jail) I believe the knife was being carried as an EDC tool such as the one you carry. (See "Synopsis of the Case 1") Burglary is a cowardly act (IMHO). Had he any predisposition to knife violence and/or had allusions to using it for defense or assault, his tool of choice would not have been an otherwise legal folder. Suicide by Cop. Nor should (or can) the 'What ifs' and 'Had he..' be used as evidence or predjudice in this, or any, case.
Though adding the 'weapon' charge to the body of evidence aided in removing a career criminal from the streets, this ruling legally defines and demonizes the simple pocketknife as a weapon.
Soccermoms everywhere breathe a sigh of relief.... :barf:
 
He was a Career Criminal (14 previous burglary convictions) who committed another felony and while in the commission of committing this burglary possessed a "Criminal Instrument" which at trial was determined to be a weapon. Most states have similar statutes. In Texas, if committing a burglary, you use a butter knife or SAK to unlock a door the "Legal knife" becomes an illegal criminal instrument which is a felony to possess. If while committing a crime you possess any object a jury can find it a weapon.

While it would suck to get a life sentence for carrying a small knife, the "Thief" was convicted and sentenced by his peers.
 
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