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Why this man who barged in on his cheating wife could go to jail for 15 years
yahoo lifestyle ^ | January 20, 2018 | Cindy Arboleda

Posted on 03/07/2018 7:47:50 AM PST by Mount Athos

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To: RegulatorCountry

The “event” actually happened in NY. She crossed state lines to be with her boss.


81 posted on 03/07/2018 9:04:46 AM PST by CaptainK ("no collusion, no obstruction, he's a leaker")
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To: RegulatorCountry

The “event” actually happened in NY. She crossed state lines to be with her boss.


82 posted on 03/07/2018 9:05:45 AM PST by CaptainK ("no collusion, no obstruction, he's a leaker")
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To: Mount Athos

If nothing was taken, how do they get to felony burglary? Trespass I can see, but burglary? Seems excessive charging to me.


83 posted on 03/07/2018 9:08:34 AM PST by taxcontrol (Stupid should hurt)
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To: NEMDF

Unlocked door is NOT breaking and entering. Trespassing at the worst.


84 posted on 03/07/2018 9:09:19 AM PST by SunTzuWu
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To: Cen-Tejas

First, I have never been in that position before, so I can’t say what I would have done. I do know that I have been plenty angry for something as simple as a clogged septic tank that I started tossing small furniture. But I’m not proud of it.

It’s a tough call. I doubt the guy will get the book thrown at him.


85 posted on 03/07/2018 9:13:47 AM PST by freedomlover
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To: Cen-Tejas; freedomlover

Since you mentioned me in your post, I will comment.

1) Don’t assume that I have not had this happen to me or some similar situation.
2) Maybe the husband should take an insanity plea, if he was so filled with rage, as to be unable to keep himself from entering the guy’s house and taking videos.
3) If the guy/employer should face some criminal charges, what should they be? Do these laws exist in the jurisdiction? I think the employer was Lopez, not the husband. Yes, Lopez may have been legally justified to shoot the husband, for breaking into his home.
4) Same for the wife - if there is a law for intentional destruction of a family unit, maybe the husband should push for the DA to charge her with this.

If the husband ends up with a jury trial and sympathetic jurors, then so be it. I do not think that what he did necessarily merits a prison term, and certainly not 15 years.


86 posted on 03/07/2018 9:24:56 AM PST by NEMDF
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To: SunTzuWu

Overview of New York Burglary Laws
A person is guilty of committing burglary in the third degree - the least of the burglary offenses - when he or she “knowingly enters or remains unlawfully” in a building with the intent to commit a crime therein. “Entry” of a building occurs when a person intrudes within a building, no matter how slightly, with any part of his or her body.

Examples of Entry
Examples of entry include crossing the threshold of a building or reaching an arm through a window. Section 140 of the New York Penal Code states that a person enters or remains on a premises “unlawfully” when he or she “is not licensed or privileged to do so”; the entry need not be forcible in nature.

All burglaries in New York State are felonies. The unlawful surveillance charge is what elevates the crime to burglary, because he had intent to take video of his wife caught in the act.


87 posted on 03/07/2018 9:28:04 AM PST by drjimmy
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To: Mount Athos

If he is a white man it’s all over for him. White men have no rights.


88 posted on 03/07/2018 9:32:43 AM PST by Retvet (Retvet)
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To: Mount Athos

In North Carolina the husband can sue the boss and win...


89 posted on 03/07/2018 9:37:13 AM PST by DAVEY CROCKETT (Thank you Free Republic. Thffank you President Donald J Trump, Greatest election Ever.)
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To: Red Badger

What about Jersey?

You enter a man’s house, you can get your head blown off.

these bumpkin southerners here want it one way when they like and another when they like.

We do need SOME intellectuals, and since that region offers none, the north is at least good for something.


90 posted on 03/07/2018 9:40:03 AM PST by dp0622 (The Left should know saying Syrian rebels in anost back in Trump is kicked out of office, it is WAR!)
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To: dp0622

LOL!!!....I was referring to the ‘Real Housewives’!...................


91 posted on 03/07/2018 9:41:22 AM PST by Red Badger (The people who call Trump a tyrant are the same people who want the president to confiscate weapons.)
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To: NEMDF

Yeah, I get more and more shocked by the idiotic responses on this board.

Any other thread, they’d be yelling, “IF THE OWNER HAD A GUN HE’D BE DEAD!!! AND THAT WOULD BE GOOD!!!!”

Dolts.


92 posted on 03/07/2018 9:41:29 AM PST by dp0622 (The Left should know saying Syrian rebels in anost back in Trump is kicked out of office, it is WAR!)
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To: dp0622
these bumpkin southerners here want it one way when they like and another when they like. We do need SOME intellectuals, and since that region offers none, the north is at least good for something.

I've thought you were a troll practically since you signed up, now you've removed all doubt.

93 posted on 03/07/2018 9:42:02 AM PST by RegulatorCountry
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To: dp0622

“We do need SOME intellectuals, and since that region offers none, the north is at least good for something.”


Bad choice of words,dp,bad choice.

.


94 posted on 03/07/2018 9:44:18 AM PST by Mears
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To: Mount Athos

There was a day when finding your wife with another man and killing either or both was considered justifiable homicide.

Later, when the laws changed and eliminated this, there was still civil court where a defrauded spouse could get monetary damages for alienation of affection.

Now it appears you can be punished for insisting that your spouse not cheat.

Adultery is a form of sexual assault perpetrated by a person who is in a position of great trust and another scoundrel who disregards this trust. When a spouse cheats, the other spouse becomes sexually exposed to a third party and is at risk of disease along with the emotional and psychological damage caused.

This is why one of the ten commandments is a prohibition against adultery. And adultery in the Old and New Testaments is listed as a capital crime.

Jury nullification is warranted here and, quite frankly, even when an adulterer is killed due to a fit of rage by the betrayed spouse.


95 posted on 03/07/2018 9:46:21 AM PST by unlearner (You will never come to know that which you do not know until you first know that you do not know it.)
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To: Mears
Some "intellectuals" fail to grasp the distinction between a husband outraged over his wife having sex with another man, and literal burglary.
96 posted on 03/07/2018 9:48:51 AM PST by RegulatorCountry
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To: HamiltonJay
frankly could have been killed legally by the home owner.

He was OK with that. It was almost Death Wish VI. But I suspect he wasn't OK with a 15-year slide in the slammer. Time for a bit of mitigating judicial discretion, I think.

97 posted on 03/07/2018 9:55:33 AM PST by Migraine ((A smartass who is right can be downright funny. A smartass who is wrong is just a smartass.))
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To: TexasGator
Obviously you don’t believe a person should be secure in their own home!

Obvious jump to a wrong conclusion! Obviously, you say? I've now been amateurishly psychoanalyzed via the internet?

No. The predator boss was entitled to shoot the intruding cuckold (who, by the way, was willing for that to happen, by his own admission).

It's just that I have some empathy for the loser here.

98 posted on 03/07/2018 10:02:34 AM PST by Migraine ((A smartass who is right can be downright funny. A smartass who is wrong is just a smartass.))
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To: Mount Athos

He’s one ugly s.o.b., but NOT GUILTY.


99 posted on 03/07/2018 10:04:21 AM PST by Rannug (When you're dead, you're dead. Until then fight with everything you have.)
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To: Migraine

“He was OK with that. It was almost Death Wish VI. But I suspect he wasn’t OK with a 15-year slide in the slammer. Time for a bit of mitigating judicial discretion, I think.”

Sadly you don’t get to pick the punishment you will get... Don’t do the crime, if you don’t want to do the crime.

My assumption would be, even if the 15 year sentence holds, he’ll be out on parole in a few years, assuming he doesn’t get into trouble in prison.

I know divorce, and the process around it puts men (and women) in very bad mental places... but it still doesn’t absolve them of the responsibility for the bad decisions they make.


100 posted on 03/07/2018 10:21:27 AM PST by HamiltonJay
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