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I don't think probation for a second degree felony inTexas is all that enjoyable. If the Jury probates the Judge can impose up to 180 days in the County Jail as a term and condition of community supervision, my guess is that Judge Greene would give some jail time.
I think the Jury will give probation for the following reasons.
1. Age of Defendant's
2. Fact of no or very little prior records
3 Victim probably does not want prison.
4. minimum term in state pen is 2 years and on an agg offense this is almost always a serve all.
5. Lack of specific intent to hurt victim, and the fact that ,even though it does not constitute a defense, the victim did consent.
Its real hard to sit on a Jury and send a young man to prisonfor a first offense when no harm was intended. I'd bet that its convition on Agg Assault 10 years probation with 120 days in jail.
Last edited by g41965; 06-04-2004 at 08:39 PM.
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