Woman who was beaten says DA's office mishandled her case

[mindslide]

Not a strong enough headline, in my opinion

Comments

[flewellyn]

Couldn't prove that he entered with intent to commit another felony?

Like hell.

This is tantamount to a declaration that assaulting women is legal.

[doitalone]

This happens so often. Basically what it boils down to is you can't use circular logic to prove your case.

I *really* don't understand why it's not a class E felony though.

[flewellyn]

Well, when he shouted through the door that he was going to kill her, broke down her door, and then proceeded to beat her until he thought she was dead...I think the intent is pretty damn clear.

[doitalone]

Well right, which is why I don't understand why it's not a class E felony. :(

Is this his first offense?

[fiduch]

i know i'm way fucking late on this, but i have to agree that intent would be very difficult to prove on the burglarly charge. however, i am also puzzled that the battery charge was so mild. it seems to me that was the DA's biggest mistake, and from the sound of things, that was the decision of the original DA, not the replacement. that was definitely enough to be considered "substantial bodily harm" if not "great bodily harm".