CA: Trial Date Set for Case Involving Attempted Offenses

Source: ACSOL

A trial date has been set in a pending case that challenges the tiering of individuals convicted of an attempted offense.  The date for the bench trial (no jury) is March 25, 2024.  The trial will be held in Los Angeles Superior Court, Department 76, starting at 8:30 a.m. and is expected to last no longer than one day.  

The California Department of Justice (CA DOJ) is currently assigning individuals convicted of an attempted offense to the same tier as individuals completed of a completed offense.  As a result, many individuals who have been convicted of an attempted offense have been assigned to Tier 3, which requires lifetime registration.

The lawsuit notes that the sentencing for individuals convicted of an attempted offense is significantly less than the sentencing for individuals convicted of a completed offense. The lawsuit argues that due to these differences in sentencing there should be differences in tier assignments as well.

 

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Since being on the registry isn’t punishment and meant to keep the community safe, tier placement shouldn’t matter as to what you’ve been convicted of. Either you’re dangerous or you’re not. Which means individual evaluations instead of a shortcut list of where to place someone. Plenty of very dangerous people get convicted of only a minor crime and vice versa.

So without intent there is no attempt charge. So if the judge rules for attempt should not be a life time registry requirement , then that would go the same for intent (220 pc) because without intent there is no attempt according to the law definition. 🤷🏽

Federal SORNA has attempted sexual battery as a 15 year registration. Strange that CA would have it as life.

What is a completed offense…? Would 288.4 be considered a completed offense ?

how does CA handle conspiracy to commit? In Missouri it is a tier 3. Well that is what they listed me as.

What about people given Tier 3 because of wrong Static-99 scores? Or people given Tier 3 because of Static scores that are over a decade old?

I know that there is a legal distinction between an attempted offense, and an assault with intent, but it would be great if someone from ACSOL could say in plain words if the case on March 25th would help someone with an assault with intent offense. Neither offense was completed, but there seems to be a legal distinction.

Last edited 7 months ago by Just me

Our so-called “government” is absolutely tyrannical when they can’t discern between the commission of an offense and the attempt of an offense. This just seems like an excuse for prosecutorial and government overreach by the corrupt California Department of “Justice.”

Committing an offense is not the same as attempting offense.

Last edited 7 months ago by The Static-99R Is A Scam!!!

Every week, we have several cases of young men shooting several people in a crowd, with multiple injuries but often (thankfully) no fatalities. These men are not treated as killers and there is no political movement to have them executed, even though they “attempted” to murder several people. They might get decades in jail, but, as young men, will be usually re-entering society at middle age (or sooner), and their neighbors and co-workers will have no idea they once tried to gun down a group of people. The government doesn’t care because the people these men will live among are, generally, poor. The government cares about “attempted” sex crimes because they are one of the few crimes that people who are middle and upper class commit, and we often return to living in those communities. Also, sting crimes are “attempted attempted” crimes; the perpetrators attempted to attempt to have sex with a minor, as there was not only no sexual contact, there was also no minor.

The problem with theses attempted cases is, They come with multiple charges like solicitation of a minor and using a computer to commit the crime, and if the person exchange pictures or cross state lines a lot more charges can be added. So by the time the DA is done, They have multiple sexual conviction. Megan’s law even shows the multiple convictions, that stemmed from one case even if they were ran concurrently.
Also SB384 say anyone convicted of multiple crimes that require 290 registration whether they were tried together or separately that resulted in a conviction is Tier 3.

This is a very important case that will impact many. Im so thankful for Janet and the work she has done to make our lives better. Just look what she has managed to accomplish in the last 10 years. She and her staff are champions in my book and if anyone can win this case – she can.

Is this still happening today?