Sunday, June 12, 2011

Charles Hamilton Says He "Wants To Get Down With Odd Future" From Prison (Video)

As Charles serves a term for assaulting an officer, he calls his Homies, and says he wants to get back to making music when he's out, and that he wants to get down with Odd Future. That would be a great collab if you ask me. After the jump is a summary of where Charles is at the moment

"We all know Charles was arrested on December 10th, he was referrred to the mental facility on January 31st so he recieved about 2 months of time served. While in the mental faciltiy he was not getting credit for time served.

His stint in the mental facility, based on the fact that he is still facing the charges was because they didnt think he was competent to stand trial. Based on what I know I will[..]ume they didnt think he understood the seriousness of his situation and therefore could not[..]ist in his own defense. As of Monday they decided he was competent and he is set to be arraigned (read all that he is facing, has his chance to make his plea of guilty or not guilty etc., and will have another chance for bail potentially)

Charges

Charles faces 6 total charges.

2 counts of[..]ault
1 count of resisting arrest
1 count of grand theft (not auto)
and 2 counts of aggravated theft
I was going to break down the penal codes (the stuff that looks like 2913.02.(A)1 but thats a little too much to explain, if you care about all that I will but I just want you to get the basics)

The thefts all fall under the regular theft clause in the Ohio penal code which means basically that he took something that didnt belong to him without consent. The aggravated part of the thefts is key though, it means he threatened or intimidated someone and that makes the charge worse obviously.

Sentences he's facing

This is the part I'm kind of upset to have to share...
The situation is more serious than we all believed, even me, until I looked at his updated records (which Adam Brown led me to) here's what he's looking at.

The least serious is the resisting arrest... for that he's looking at up to 6 months
For each of the 2[..]ault charges he is looking at 6-18 months
The Grand Theft is a 4th degree felony in Ohio and also carries a sentence of 6-18 monthsand means that he stole something between a value of $5,000 and 100,000.
The aggravated thefts (2 counts remember) are the most serious and the ones where I would need a little more information to be exactly sure but here's the potential. Aggravated theft falls into two sentencing categories.
3rd degree theft, aggravated theft carries a sentence of 1-5 years and a fine of $10,000
2nd degree theft, aggravated theft carries a sentence of 2-8 years and a fine of $15,000
Regardless as to which he is being tried for remember there are two counts...

If he is convicted...

Worst case scenario Charles is found guilty of all charges, he is looking at a minimum total sentencing of 3 and a half total years. Due to his lack of a violent criminal past his sentence is likely to fall near the minimum. This DOES NOT mean he will serve that time, and im not talking about good behavior.

When you are found guilty of multiple charges the judge has the power to make the charges run consecutively or concurrently

Consecutive means that the charges are served back to back and you would then add them together. say he was given two sentences of 6 months, that would mean he would serve them back to back aka 12 months.
Concurrent means that the charges will be served at the same time. This would be the better outcome. This would mean if he's convicted of two 6 month charges, he will serve, just 6 months.
Likely outcome

All of this stuff is bad by itself but then he hit a cop. They arent going to be too easy on him. he will likely be convicted of most if not all of the charges but as far as time he will serve. the two[..]ault charges will almost definitely run concurrent as well as the two aggravated theft charges (I'll[..]ume theyre the 3rd degree) if they are related so that there puts him at about 1.5 years, the grand theft will also likely run on its own so theres another year to put him at 2 and throw on two months for the resisting arrest which they may just drop.

If convicted of these charges Charles will likely be sentenced to 26 months in prison and will have to serve about 14 of those months minimum.

and remember he already has 2 months time served and between now and his actual sentencing he is again recieving credit for time served.

All of this is if he goes to trial and is convicted. He could very well have worked out a plea deal by now.

That should about sum everything up. ".- BOX

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