Chris Brown is facing assault charges stemming from an incident in Washington, D.C., which could have an effect on his probation in California. Hypothetically, if he were to plead guilty to some kind of criminal threat and the criminal threat law in D.C. was similar to California, that could be a strike defense with respect to his future criminally in California, says retired Superior Court Judge of Santa Clara, California, Eugene Hyman.
Regardless of the outcome, says Hyman, it could be the crime can still be sued with respect to the factual basis regarding his probation violation in California. According to Hyman, a probation violation only requires a preponderance of evidence, which is slightly more than 50%.
Presently on a felony probation in Los Angeles, his probation can be revoked and instead of reinstating the probation, the judge can impose a sentence rather than having it suspended, Hyman says. He can receive up to 365 days in county jail or 4 years in state prison, which is the maximum sentence he can receive regarding the previous felony charges.
Because of overcrowding, Hyman says that county jail can be meaningless, as most only do a few days or months before being let go. Hyman says there already is a hearing date on the calendar regarding a community service review.
Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network. For more information on the article in the Wall Street Journal, click here.