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Man Sentenced to Six More Months for Smiling at Judge

Boyd Twin, a resident of South Dakota, was arrested and charged for assault with a dangerous weapon. The victim of the assault was his companion, also the mother of his children. The crime took place in front of the children, all of whom were under the age of nine years old. Twin told his companion to “choose which child he should kill first.” The children later needed counseling.

Twin pled guilty to the crime of assault with a dangerous weapon. At his sentencing hearing, Judge Charles Kornmann sentenced Twin to 78 months in prison, plus three years’ supervised release. Then Twin smiled.

“You think that’s humorous, sir? Let the record show that the Defendant is smiling.” Judge Kornmann said. He then added an additional six months to his prison term. Although Twin replied, “I am not smiling,” The enhanced sentence stood.

Twin’s criminal defense attorney appealed the decision to the Eighth Circuit U.S. Court of Appeals, which upheld it. According to the decision, the Court of Appeals cited an earlier ruling in U.S. v. Robinson (2011) which stated that, “A district court may consider a defendant’s attitude and demeanor when exercising its sentencing discretion.”

In Orange County, California, you can be charged with assault without touching anyone. This occurs when a victim believes that he or she is going to be struck by another person, whether or not it actually happens, such as in the case of Mr. Twin. What fewer people realize is that you can be arrested for assault even if you are simply defending yourself.

If this sounds confusing, always let a professional, experienced criminal defense attorney handle your criminal case. If you are charged with any domestic violence or assault charge, call the Law Offices of Staycie R. Sena immediately at (949) 477-8088 today. She has over 16 years of criminal defense experience and is ready to fight for your case.

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