The Aldon Smith thread

Originally posted by IdahoNiner:

Originally posted by b9er37:

Read an article today speculating the DA is using the weapons charge to get Aldon to plea on the DUI. Can't find it now but it was interesting the way thing line up. The author wrote about AZ gun laws vs CA gun laws and how the DA would have to prove Aldon knowingly broke the CA law beyond a doubt. Hope the writer was correct.

Doubtful. They have been working on bringing the charges for awhile now. Once again, Aldon didnt have to KNOWINGLY do anything. Ignorance of the law is not a valid defense.

The thing i wonder is how ticky tacky the assault weapons charges are. Did he have any CA compliant parts added when he brought it into CA? etc. If he can proe an attempt to make it CA compliant, then maybe he could have a slight arguement, but if he just brought an ar-15 from AZ to CA and stuck it in his closet as is, than he likely has no leg to stand on.

Another thing is CA is very liberal on what it considers an "assault rifle". I would be interested in finding out exactly what said rifle was.

The article is burried in my twitter but the author claimed Aldon purchased the guns legally in AZ but once he brought them to CA he needed mods and to register the weapons. The length of time actually worked in Aldons favor unless there was new evidence. I forget the legal term used but the law was in Aldons defense unless he knowingly broke it. I could see a millionaire 20 something not knowingly buying a gun and bringing it home. I don't see why he would???

Originally posted by Heed49er:
For real?

Stabbed at a club.
DUI in a school zone hours before practice.
Discharging firearms at a party while drunk.

If he wasn't famous he'd be in prison.

Stabbed at his house
LOL School Zone, oh ok
Oh you know his BAC when he fired?

Originally posted by GNielsen:

Originally posted by Marvin49:

Originally posted by Wrathman:

Do all these charges mean Aldon is never coming back? Felonies are serious.

No.

It means everyone is going apesh*t over nothing. LOL.

Being charged with a felony and actually getting convicted of one are very, very different things. This will never see a court room and will be plead down.

Aldon will probably be back after the bye and face a suspension at the beginning of next season.

If he does indeed learn something from this experience this will all amount to little more than a blip on the radar. Thats the only big if here.

He won't spend a day in prison. Bet on it.

Worth repeating. He'll eventually get probation or a slight jail sentence commuted for community service and work furlough at the most. The judicial system will be done sometime during next off season. He'll start the season on suspension - four to six games is my guess. And then, he'll be back playing and sacking QB's. As usual, massive over-reaction and panic are the order of the day on the Web Zone.

Gilbert Arenas got in trouble for his 1st gun charge in Cali. Illegal possession of a legal handgun( as opposed to illegal Assault rifles). He plead it down to a misdemeanor with probation. He then got in trouble when he had guns in DC with out a legal permit to have guns in DC and got a felony with probation and a month in a half way house.

The Cali light sentence was based on illegal transport, not for a confrontation and it was his first run in with the law.

Aldon is involved in a confrontation with illegal possession of assault rifles.... THREE felonies. AND he is still awaiting trial for his TWO Dui's.

I highly doubt he gets a slap on the wrist.

Originally posted by Heed49er:

Originally posted by LoneWolf:
Not really.

For real?

Stabbed at a club.
DUI in a school zone hours before practice.
Discharging firearms at a party while drunk.

If he wasn't famous he'd be in prison.

Pay attention....

Stabbed AT HIS HOUSE and discharged his gun to get the men who stabbed him to leave. At least be accurate.

Originally posted by blizzuntz:
Gilbert Arenas got in trouble for his 1st gun charge in Cali. Illegal possession of a legal handgun( as opposed to illegal Assault rifles). He plead it down to a misdemeanor with probation. He then got in trouble when he had guns in DC with out a legal permit to have guns in DC and got a felony with probation and a month in a half way house.

The Cali light sentence was based on illegal transport, not for a confrontation and it was his first run in with the law.

Aldon is involved in a confrontation with illegal possession of assault rifles.... THREE felonies. AND he is still awaiting trial for his TWO Dui's.

I highly doubt he gets a slap on the wrist.

Found it! Hope she's right
http://sbn.to/16zlFna

Originally posted by 9erReign:
Btw Idaho here is the link the other poster referenced: http://www.ninersnation.com/2013/10/10/4821462/aldon-smith-charges-felony-weapons-possession-dui-political-games

According to that post (no real credibility) the charges are specific intent crimes http://legal-dictionary.thefreedictionary.com/Specific+Intent

I'm not a lawyer though.

I already posted it here for ya man

Originally posted by blizzuntz:

Originally posted by GNielsen:

Originally posted by Marvin49:

Originally posted by Wrathman:
Do all these charges mean Aldon is never coming back? Felonies are serious.

No.

It means everyone is going apesh*t over nothing. LOL.

Being charged with a felony and actually getting convicted of one are very, very different things. This will never see a court room and will be plead down.

Aldon will probably be back after the bye and face a suspension at the beginning of next season.

If he does indeed learn something from this experience this will all amount to little more than a blip on the radar. Thats the only big if here.

He won't spend a day in prison. Bet on it.

Worth repeating. He'll eventually get probation or a slight jail sentence commuted for community service and work furlough at the most. The judicial system will be done sometime during next off season. He'll start the season on suspension - four to six games is my guess. And then, he'll be back playing and sacking QB's. As usual, massive over-reaction and panic are the order of the day on the Web Zone.

Gilbert Arenas got in trouble for his 1st gun charge in Cali. Illegal possession of a legal handgun( as opposed to illegal Assault rifles). He plead it down to a misdemeanor with probation. He then got in trouble when he had guns in DC with out a legal permit to have guns in DC and got a felony with probation and a month in a half way house.

The Cali light sentence was based on illegal transport, not for a confrontation and it was his first run in with the law.

Aldon is involved in a confrontation with illegal possession of assault rifles.... THREE felonies. AND he is still awaiting trial for his TWO Dui's.

I highly doubt he gets a slap on the wrist.

Incorrect on several counts...

1) NONE of the charges have anything to do with the confrontation. All of the charges involve possession of the weapons. The CIVIL case has nothing to do with the criminal case. Ask OJ about the difference.

2) He is awaiting trial on ONE DUI...the first was already resolved after he...wait for it....plead it down to a misdemeanor.

Originally posted by 9erReign:

Originally posted by IdahoNiner:

Originally posted by b9er37:
Read an article today speculating the DA is using the weapons charge to get Aldon to plea on the DUI. Can't find it now but it was interesting the way thing line up. The author wrote about AZ gun laws vs CA gun laws and how the DA would have to prove Aldon knowingly broke the CA law beyond a doubt. Hope the writer was correct.

Doubtful. They have been working on bringing the charges for awhile now. Once again, Aldon didnt have to KNOWINGLY do anything. Ignorance of the law is not a valid defense.

The thing i wonder is how ticky tacky the assault weapons charges are. Did he have any CA compliant parts added when he brought it into CA? etc. If he can proe an attempt to make it CA compliant, then maybe he could have a slight arguement, but if he just brought an ar-15 from AZ to CA and stuck it in his closet as is, than he likely has no leg to stand on.

Another thing is CA is very liberal on what it considers an "assault rifle". I would be interested in finding out exactly what said rifle was.

Pretty sure that isn't true.

Originally posted by Marvin49:

Originally posted by IdahoNiner:

Originally posted by b9er37:
Read an article today speculating the DA is using the weapons charge to get Aldon to plea on the DUI. Can't find it now but it was interesting the way thing line up. The author wrote about AZ gun laws vs CA gun laws and how the DA would have to prove Aldon knowingly broke the CA law beyond a doubt. Hope the writer was correct.

Doubtful. They have been working on bringing the charges for awhile now. Once again, Aldon didnt have to KNOWINGLY do anything. Ignorance of the law is not a valid defense.

The thing i wonder is how ticky tacky the assault weapons charges are. Did he have any CA compliant parts added when he brought it into CA? etc. If he can proe an attempt to make it CA compliant, then maybe he could have a slight arguement, but if he just brought an ar-15 from AZ to CA and stuck it in his closet as is, than he likely has no leg to stand on.

Another thing is CA is very liberal on what it considers an "assault rifle". I would be interested in finding out exactly what said rifle was.

No, but it would have to be proved that he went to Arizona with the express intent to purchase weapons and bring them to CA in order for it to be a felony. That's nearly impossible to prove beyond a reasonable doubt since he was in Arizona to play a football game.

No. It is a felony to simply own an "assault rifle"(very liberal definition in CA) in CA. It may be an additional felony to transfer it illegally accross state lines, but i havent seen what the individual charges are. That may be one of the felony charges not certain. But it is certainly a felony just to own, it doesnt matter where it came from or how it got there.

Originally posted by IdahoNiner:
No. It is a felony to simply own an "assault rifle"(very liberal definition in CA) in CA. It may be an additional felony to transfer it illegally accross state lines, but i havent seen what the individual charges are. That may be one of the felony charges not certain. But it is certainly a felony just to own, it doesnt matter where it came from or how it got there.

specific intent crime

Originally posted by Marvin49:

Originally posted by blizzuntz:

Originally posted by GNielsen:

Originally posted by Marvin49:

Originally posted by Wrathman:

Do all these charges mean Aldon is never coming back? Felonies are serious.

No.

It means everyone is going apesh*t over nothing. LOL.

Being charged with a felony and actually getting convicted of one are very, very different things. This will never see a court room and will be plead down.

Aldon will probably be back after the bye and face a suspension at the beginning of next season.

If he does indeed learn something from this experience this will all amount to little more than a blip on the radar. Thats the only big if here.

He won't spend a day in prison. Bet on it.

Worth repeating. He'll eventually get probation or a slight jail sentence commuted for community service and work furlough at the most. The judicial system will be done sometime during next off season. He'll start the season on suspension - four to six games is my guess. And then, he'll be back playing and sacking QB's. As usual, massive over-reaction and panic are the order of the day on the Web Zone.

Gilbert Arenas got in trouble for his 1st gun charge in Cali. Illegal possession of a legal handgun( as opposed to illegal Assault rifles). He plead it down to a misdemeanor with probation. He then got in trouble when he had guns in DC with out a legal permit to have guns in DC and got a felony with probation and a month in a half way house.

The Cali light sentence was based on illegal transport, not for a confrontation and it was his first run in with the law.

Aldon is involved in a confrontation with illegal possession of assault rifles.... THREE felonies. AND he is still awaiting trial for his TWO Dui's.

I highly doubt he gets a slap on the wrist.

Incorrect on several counts...

1) NONE of the charges have anything to do with the confrontation. All of the charges involve possession of the weapons. The CIVIL case has nothing to do with the criminal case.

2) He is awaiting trial on ONE DUI...the first was already resolved after he...wait for it....plead it down to a misdemeanor.

How long do you think DAs let you plead down felonies to misdemeanors? I agree that it is common, but it isn't guaranteed . It totally depends on the strength of the DAs case for sure. But to assume all felonies are pleaded down is silly.

I never said the charges involved the confrontation, I was just pointing out a big difference between the 2 cases.

The gun case or DUI case will screw him in one or both cases as well. It is leverage for the DA.

Originally posted by b9er37:

Originally posted by IdahoNiner:

Originally posted by b9er37:
Read an article today speculating the DA is using the weapons charge to get Aldon to plea on the DUI. Can't find it now but it was interesting the way thing line up. The author wrote about AZ gun laws vs CA gun laws and how the DA would have to prove Aldon knowingly broke the CA law beyond a doubt. Hope the writer was correct.

Doubtful. They have been working on bringing the charges for awhile now. Once again, Aldon didnt have to KNOWINGLY do anything. Ignorance of the law is not a valid defense.

The thing i wonder is how ticky tacky the assault weapons charges are. Did he have any CA compliant parts added when he brought it into CA? etc. If he can proe an attempt to make it CA compliant, then maybe he could have a slight arguement, but if he just brought an ar-15 from AZ to CA and stuck it in his closet as is, than he likely has no leg to stand on.

Another thing is CA is very liberal on what it considers an "assault rifle". I would be interested in finding out exactly what said rifle was.

The article is burried in my twitter but the author claimed Aldon purchased the guns legally in AZ but once he brought them to CA he needed mods and to register the weapons. The length of time actually worked in Aldons favor unless there was new evidence. I forget the legal term used but the law was in Aldons defense unless he knowingly broke it. I could see a millionaire 20 something not knowingly buying a gun and bringing it home. I don't see why he would???

Yes. There are list of compliant parts for CA that need to be installed on "assault weapons" in order for them to be CA compliant. For example an ar-15 must have certain compliant parts, and you can mix and match to meet the minimum required compliant parts. No mag release(fixed mag 5-10 round i beleive), no pistol grip, no flash hider, etc, etc. Its been awhile since i lived in CA so im rusty as to the exact requirments, but their are certain features that CA has deemed "evil" and that are not legal in the state of CA.

Thats why im interested in knowing what this "assault rifle" is, and if any compliant parts were installed.

Originally posted by blizzuntz:
How long do you think DAs let you plead down felonies to misdemeanors? I agree that it is common, but it isn't guaranteed . It totally depends on the strength of the DAs case for sure. But to assume all felonies are pleaded down is silly.

I never said the charges involved the confrontation, I was just pointing out a big difference between the 2 cases.

The gun case or DUI case will screw him in one or both cases as well. It is leverage for the DA.

"Aldon is involved in a confrontation with illegal possession of assault rifles"
Read more at http://www.49erswebzone.com/forum/niners/165982-official-aldon-smith-thread/page241/#zGLIsJZz7UhwSfOQ.99

Originally posted by 9erReign:

Originally posted by IdahoNiner:

No. It is a felony to simply own an "assault rifle"(very liberal definition in CA) in CA. It may be an additional felony to transfer it illegally accross state lines, but i havent seen what the individual charges are. That may be one of the felony charges not certain. But it is certainly a felony just to own, it doesnt matter where it came from or how it got there.

specific intent crime

That's the word/ phrase I was looking for! I have to be believe he had no intent of breaking the law considering he's a famous millionaire athlete. If he had intent he's got way more problems than a party and a DUI.

Originally posted by 9erReign:
Btw Idaho here is the link the other poster referenced: http://www.ninersnation.com/2013/10/10/4821462/aldon-smith-charges-felony-weapons-possession-dui-political-games

According to that post (no real credibility) the charges are specific intent crimes http://legal-dictionary.thefreedictionary.com/Specific+Intent

I'm not a lawyer though.

Thanks for the link. Ill read it in just a bit. Im no lawyer either, but i am a bit of a gun nut, and have lived in CA so i am somewhat familiar with the draconian laws regarding firearms.