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A Criminal Defense Attorney Shares Some Legal Insight On The Decapitated Case

Photo of Decapitated

Band Photo: Decapitated (?)

Though he’s not connected with the Decapitated case, MetalSucks recently interviewed NYC criminal defense lawyer Jeffrey Lichtman to get a better understanding of the ongoing legal situation. According to the latest reports, the band remains held in an LA county jail awaiting extradition to Spokane, WA, where it is facing a charge of first degree kidnapping. That charge stems from allegedly holding two female fans on the band's tour bus against their will back on August 30th. The band members have also since been accused of gang raping one of the women.

Criminal defense lawyer Jeffrey Lichtman does provide an overview of what the band members are potentially facing, which could be over a lifetime prison sentence if they are convicted. The maximum sentence for the kidnapping charge is 20 years to life and with a potential rape charge included, those numbers could quickly rise. However, it is noted that if convicted the average sentencing guidelines would have then facing under 8 years in prison.

Says Lichtman:

"Statutorily, the maximum sentence is 20 years to life imprisonment. Then, with the Washington sentencing guidelines, the range where they would normally fall would typically be 51 to 68 months, but because this was a sexually motivated crime, it could be bumped up to 75 to 92 months. That doesn’t mean they will receive a sentence in that range, but the sentencing guidelines are a good starting point for determining what your client is actually facing.

On top of that, if they’re convicted of one of these charges, there’s a possibility they’ll be listed in a sex offender registry for the rest of their lives. These guys are never going to be able to come back to the United States if they’re convicted. Even if they’re not convicted, they’re going to have a heck of a time coming back here."

Being asked if there is any chance the Polish government or consulate would step in and get involved he explains:

"Usually in cases where you have violent acts, the foreign countries are loathe to become involved. That being said, I don’t know who their attorney is in Washington; I don’t know this law group that they’ve hired. If they’re able to gather exculpatory evidence and show that one of these women is lying, they may be able to convince a Polish government official to lobby on their behalf. I don’t know how powerful that would even be, though; maybe a few years ago it would be easier to tell you what would happen in that kind of situation, but with the Trump administration it’s very difficult to say that some foreign national contacting a state office is going to have any effect on anything. Things are so disconnected."

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2 Comments on "Decapitated Case: Attorney Shares Legal Insight"

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Anonymous Reader
1. Mr Singh writes:

Lets hope they retire from making music

# Sep 29, 2017 @ 9:08 PM ET | IP Logged Reveal posts originating from the same IP address
coldiem's avatar


2. coldiem writes:

Yeah? How come?

# Sep 30, 2017 @ 8:59 PM ET | IP Logged Reveal posts originating from the same IP address

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