Friday, 20 May 2011

Updated: Charles Hamltion's Situation

I am a little late on this, it was posted on the 17th. For those who haven't heard about it hit the jump for the full story!

There has been a lot of talk about what is going on with Charles right now and what has happened in the past. The question always comes up almost daily and I'm usually the one answering it anyway so I'm making this document to break everything down in as deep a detail as possible. There will be questions of course but I'll try to include the answers in this note as well.

Summary of what has happened so far

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 assume they didnt think he understood the seriousness of his situation and therefore could not assist 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)


Charles faces 6 total charges.

2 counts of Assault
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 assault 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 assault charges will almost definitely run concurrent as well as the two aggravated theft charges (I'll assume 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.

The docket says that his arraignment hearing is tomorrow morning at 8:30 central (9:30 eastern, 6:30 pacific, 3:30 p.m. in Norway Tom lol)

This whole note could be moot then, but yeah. That should about sum everything up.

Michael Bibbins

Adam Brown with the assist... lol


According to Dino (Rhymestyle) there will be good news tomorrow...

******Update******* 5/12, 2:55 eastern

Charles was arraigned on both sets of charges this morning and bail was posted for the second set of charges.

It does not say he was released yet but bail has been posted on all charges and he has finally been set up for trial.

******Update******* 5/12 5:51 pm eastern

So this morning at charles' arraignment here is what happened.

He was assigned a public defender.

Charles plead NOT GUILTY to the theft charges.
Charles also plead NOT GUILTY to the assault charges

He was also told to have no contact with either victim of the assaults.

His first pre-trial hearings are set for May 18th at 9 am Central

Full story was post via


DRJT said...

wow wonder what's going to happen to him?

Jay Reid said...

Oh dear!

HujoThug8825 said...

I wonder what exactly he did to get sent to an asylum

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