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I think that the Jury will find that this agg assault is based on reckless behavior, the lowest of the three mental states allowed for conviction under the statute.
I don't think there was any conduct or desire to intentionally injure, but there was callous diregard and reckless behavior leading to serious bodily injury the statue requires no more as a mental state. I could see a Jury convicting and then giving a probated sentence.
Last edited by g41965; 06-02-2004 at 03:34 AM.
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