B+E and Conspericy

[johnvanveen]

What is the name of the state: Rhode Island.

ok a friend of mine is charged with b+e and conspericy to commit b+e.
right now the b+e charge wont hold up in court, but the conspericy will.
this is the persons first offence as a adult.
the current offers hes looking at is 7 years probation or 5 years diversion? suspended? at the end of all records will be cleard.

i was wondering if anyone had any ideas on this?
im thinking 7 years probation is a little much for this crime.
even if he pleads nolo what would be the punishment?
thanks for the help

 

[seniorjudge]

Q: i was wondering if anyone had any ideas on this?
A: Yes, have your friend post what he is talking about.

 

[johnvanveen]

ok ill give the details and try and make this more clear.
my friend drove 2 other individuals to a place were they proceeded to break in and steal things. My friend stayd in the car and dident enter the property.
A few months later someone mentiond somthing to the cops and all 3 were arrested and my friend was charged with. B & E/night/ felony, and CONSPIRACY/FELONY.

the current offer for my friend is 7 years probation or a differd sentence of 5 years or somthing like that. 7 years probation seems like a lot esp for someone 21 years old and that on there record would be a big deal.
um hopefully this clears some stuff up.
i was wondering what happens in similar cases and charges whats the usual punishment?

 

[seniorjudge]

the current offer for my friend is 7 years probation or a differd sentence of 5 years or somthing like that.

Jump on this like a hound dog on a rabbit.

And tell your friend to stay away from the meth; it's screwing up his brain and he may not live for five years to complete his deferred sentence and then he will really be in big trouble!

 

[johnvanveen]

so thats a "good" deal? everyone i ask says its a little harsh. should he wait and try to see if he can get a better offer?

 

[You Are Guilty]

That is one heck of a deal. Let's examine just why:

§ 11-1-6 Conspiracy. – Except as otherwise provided by law, every person who shall conspire with another to commit an offense punishable under the laws of this state shall be subject to the same fine and imprisonment as pertain to the offense which the person shall have conspired to commit, provided that imprisonment for the conspiracy shall not exceed ten (10) years.

One, conspiracy carries the same sentence as the perpetrator. Yikes! So, what should the perp expect?

§ 11-8-2 Unlawful breaking and entering of dwelling house. – (a) Every person who shall break and enter at any time of the day or night any dwelling house or apartment, whether the dwelling house or apartment is occupied or not, or any outbuilding or garage attached to or adjoining any dwelling house, without the consent of the owner or tenant of the dwelling house, apartment, building, or garage, shall be imprisoned for not less than two (2) years and not more than ten (10) years for the first conviction, and for the second and subsequent conviction shall be imprisoned for not less than four (4) years and not more than fifteen (15) years, or fined not more than ten thousand dollars ($10,000), or both.

(b) Every person convicted pursuant to subsection (a) of this section shall be ordered to make restitution to the victim of the offense or to perform up to five hundred (500) hours of public community restitution work, or both, or any combination of them approved by the sentencing judge. The court may not waive the obligation to make restitution and/or public community restitution work. The restitution and/or public community restitution work shall be in addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence.

Whoa! 2-10 is the range. Not good. Well, you say, maybe he was just "attempting" B&E, so that's gotta count for something, right?

§ 11-8-1.1 Attempted breaking and entering. – (a) Whoever attempts to commit the breaking and entering of any structure as set out in §§ 11-8-2, 11-8-2.1, 11-8-2.2, 11-8-2.3, 11-8-3, 11-8-4 or 11-8-5.1 by doing any overt act toward the commission of the offense while in the curtilage of the structure, but fails in its perpetration, shall, unless otherwise provided, suffer the same punishment which might have been imposed if the attempted offense had been committed.

(b) An "overt act" is defined as any act of an individual by which the individual physically attempts to gain entrance into a type of structure set forth in the sections listed in subsection (a) of this section.

Whoops! Looks like even incompetant burglars are screwed too.

And while we're on the subject, let's hope that your buddy didn't have anyone under 18 in that car with him:

§ 11-8-9 Aiding and abetting a minor. – (a) Every person eighteen (18) years of age or older who shall aid, assist, abet, counsel, hire, command, or procure a person under the age of eighteen (18) years to commit any offense as set forth in this chapter shall be imprisoned for not less than four (4) years and not more than twenty (20) years and/or fined not less than twenty-five hundred dollars ($2,500) nor more than twenty-five thousand dollars ($25,000), or both, for each such offense.

(b) Every person convicted pursuant to subsection (a) of this section shall be ordered by the sentencing judge to perform up to one hundred (100) hours of public community restitution work. The court may not waive the obligation to perform public community restitution work. Public community restitution work shall be in addition to any fine or sentence which may be imposed and not in lieu of the fine or sentence.

4-20, $2500 and 100 hours. Nice!

So, 7 years probation still looking like a bad deal?