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My Self Defense Nightmare

KBCraig

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Since 2007, probation was not an option in any kind of murder trial.


You were told wrong. The sentence range for murder is either 1-99 years, or life. If the sentence is for less than 10 years and the defendant has no priors, he is eligible for immediate parole with no time served.

 

Cypher

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Rodbender,

You're going by the "perfect world" version of things.
The way the system works now, the uncle could've been armed to the teeth & foaming at the mouth, & the other person would still be crucified.

That's why it can't be said enough - anytime you go out have a recording device with you. Otherwise all someone has to do is say you did something and you can end up behind bars.
 

rodbender

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While I agree with everything you say, I'm not going on a perfect world scenario. I'm simply telling what the castle doctrine in Texas says.

I still think he ain't telling the whole story.
 

lil_freak_66

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rodbender wrote:
Something is amiss here. In Texas if someone enters your home, and you have a reasonable fear of death or bodily injury, you can use deadly force. Got a feeling that he is not coming forward with the whole truth.

http://www.statutes.legis.state.tx.us/?link=PE

Can't find it exactly, but this is where to look.
i think the courts problem is that they dont feel that it was a reasonable fear of life or limb,and it obviously wasnt an attempted rape.



if the op's story is how he says it is,then he will probably get off,doesnt texas make it a practice of sending every self defense homicide to a jury anyways?
 

eye95

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Didn't I read in one of the article's comments that the OP was pleading guilty to a lesser murder charge?
 

Jack House

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Technically, a kick to the balls can cause serious injury that could result in the amputation of one or both. There was an article recently about how "sack tapping" has been causing this kind of serious injury in kids a lot lately.

It's not like he was punched in the arm, he was attacked in such a way that could cause very serious, permanent damage and all the while holding a firearm. I would say that it's quite reasonable for him to believe that he was in immediate danger of serious bodily harm or death.


@Eye 95: Yes, and he says as much in his first post.
 

Cypher

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Stupid 100000 byte limit.
Especially when the attachment is UNDER it, yet won't post anyway.
 

eye95

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Jack House wrote:
... @Eye 95: Yes, and he says as much in his first post.
I scanned his first post again. (I didn't want to read the whole thing a second time.) I couldn't locate any reference to his having pleaded guilty. (Maybe I missed it.) That's why I asked. His post does not say so, but one of the comments to the article does.

I was hoping that he'd fill us in on that detail.
 

Jack House

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eye95 wrote:
Jack House wrote:
... @Eye 95: Yes, and he says as much in his first post.
I scanned his first post again. (I didn't want to read the whole thing a second time.) I couldn't locate any reference to his having pleaded guilty. (Maybe I missed it.) That's why I asked. His post does not say so, but one of the comments to the article does.

I was hoping that he'd fill us in on that detail.
It was at the very top of the post.
Someone suggested I post my story here. I was also told to be prepared for some bashing due to some beliefs held here. The result was a hung jury leading to a deal placed largely in the judge's hands. Seeking deferred, but won't know until June 21.

Dangime wrote:
The jury went so long that I went with a deal. Talking to jury members it was clear nothing was going to be reached.Despite what someone else said...there's no probation for murder in Texas. Our motion to consider it to the judge was denied. By taking the deal the judge can give me deferred and I can avoid a conviction. Either way...the costs in money and energy at too great to go through more trials. I will know monday. I have reason to believe in the judge.
By deferred, you mean deferred adjudication? What are the conditions of it? You do realize that a deferred adjudication is the same thing as a conviction as far as the state of Texas is concerned, right? It's preferable to jailtime for sure, but it will be looked at as though you were convicted. I'm just making sure, there is a lot of misinformation about deferred adjudication in Texas, even misinformation given by judges.
 

Dangime

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I know there's a difference from what its supposed to be and how its actually handled.
 

eye95

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Jack House wrote:
eye95 wrote:
Jack House wrote:
... @Eye 95: Yes, and he says as much in his first post.
I scanned his first post again. (I didn't want to read the whole thing a second time.) I couldn't locate any reference to his having pleaded guilty. (Maybe I missed it.) That's why I asked. His post does not say so, but one of the comments to the article does.

I was hoping that he'd fill us in on that detail.
It was at the very top of the post.
Someone suggested I post my story here. I was also told to be prepared for some bashing due to some beliefs held here. The result was a hung jury leading to a deal placed largely in the judge's hands. Seeking deferred, but won't know until June 21.

Dangime wrote:
The jury went so long that I went with a deal. Talking to jury members it was clear nothing was going to be reached.Despite what someone else said...there's no probation for murder in Texas. Our motion to consider it to the judge was denied. By taking the deal the judge can give me deferred and I can avoid a conviction. Either way...the costs in money and energy at too great to go through more trials. I will know monday. I have reason to believe in the judge.
By deferred, you mean deferred adjudication? What are the conditions of it? You do realize that a deferred adjudication is the same thing as a conviction as far as the state of Texas is concerned, right? It's preferable to jailtime for sure, but it will be looked at as though you were convicted. I'm just making sure, there is a lot of misinformation about deferred adjudication in Texas, even misinformation given by judges.
Thanks. I guess it didn't stick with me because he did not specifically mention a deal involving pleading guilty to a specific crime.

IANAL, but a hung jury would make me think a second trial would present the State with an even tougher row to hoe for conviction. Whatever story was presented in court put seeds of doubt in the minds of one or more jurors. Those same seeds are likely to be put in the minds of new jurors.

If I were on a jury and heard the story that was posted, absent evidence that he was not being truthful, I'd have enough doubt to vote for acquittal and to stick to my guns.

Of course, the first post is one side of the story. The guy could be guilty as sin and using self-defense to fool a jury.
 

Cypher

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Hope the jail you're forced to do time in is 1 of those new "pod" style jails.
From the plans I've seen, they're a lot safer from an inmate's pov.
 
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