Is the sentence imposed on an appellant who was convicted of assault with intent to cause grievous bodily harm disproportionate?

California, United States of America


The following excerpt is from People v. Clerk, F059218, Super. Ct. No. MCR025582 (Cal. App. 2011):

Appellant argues that the instant offense was "non-violent" and therefore the sentence imposed is grossly disproportionate to the crime. What appellant fails to consider is that his crime could very well have caused a great deal of violence. In any event, "society's interest in deterring criminal conduct or punishing criminals is not always determined by the presence or absence of violence. [Citations.]" (People v. Cooper (1996) 43 Cal.App.4th 815, 826.)

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