WOODLAND, CA– A man was sentenced last Friday here in Yolo County Superior Court to 120 days in jail for allegedly inflicting corporal injury on a spouse or cohabitant, following a trial in which he was acquitted or not convicted on other related charges, including assault and vandalism.
While some of the accused’s charges were dismissed or ended in a hung jury, the charges became a key component in sentencing discussions, where Deputy District Attorney Adrienne Chin Perez recommended a 10-week batterer program.
The DDA referred to the alleged incident as being done in an “aggravated nature,” justifying her recommendation for a 180-day sentence, to which she presumed the accused would not spend the entire sentence in jail.
In the accused’s trial, assault by force charges were dismissed, the circumstances in aggravation were found not to be true, and he was acquitted of the vandalism charge. The jury was hung on the assault charge, meaning there was no conviction or acquittal, which the DDA was adamant about considering for the accused’s sentencing.
Deputy Public Defender Danielle Craig stated there was no ambiguity that the assault charge was based on strangulation, in which the jury hung. She also argued it would be “improper for the court to consider” charges where the accused was not found guilty to determine his sentencing.
The accused’s counsel also brought to light that a 180-day sentence is uncommon for an individual with no criminal record and is usually given to an individual who would not be approved for probation.
Her client was given a three-year term of probation. Craig also claimed she had never seen more than 180 days, which probation recommends, given there are no aggravating circumstances.
Since the jury could not come to a conclusion on the aggravation charge, DPD Craig recommended 90 days or less, given her client had no prior record or pattern of violent behavior.
DPD Craig stated that the only conduct their client was convicted of was giving another person a bloody nose, reiterating any other conduct should not be taken into consideration for sentencing.
In response, Judge Richardson acknowledged the accused’s lack of criminal record and stated that the court may understand the 180-day sentence may be high. However, Judge Richardson noted he was familiar with the facts of the case, as he was the judge for the trial of the accused.
Judge Richardson sentenced the accused to 120 days in county jail, eight hours of community service, and 16 batterer intervention classes.
Judge Richardson’s sentencing reflects a compromise between the prosecution and defense recommendations by sentencing the accused to 60 days less than the DDA’s recommendation and 30 days more than what the defense recommended.
The accused is required to turn himself in June 5 to begin his county jail sentence.
