UPDATED: “Warning shot” defendant accepts 3-year plea deal

UPDATED: “Warning shot” defendant accepts 3-year plea deal

Christmas came early for Marissa Alexander, who claimed that the bullet she fired past her husband’s head was a “warning shot,” and who was facing a re-trial with a 60 year mandatory minimum sentence almost a certainty on the far end.

First Coast News is reporting that Angela Corey has re-offered to Alexander the 3 year plea deal that the “warning shooter” turned down at the start of this farce of criminal justice.  In exchange she was required to plead guilty to all three counts of aggravated assault with a discharged firearm.

Alexander, in a shocking display of good judgment, has accepted.

As is generally the case, Alexander will receive credit for time already served.  Crunch the numbers, and it leaves her with 65 days of jail time, which will have her released January 27, 2015.

Confusingly (journalists, am I right?) the report states that “Because the second count against Alexander is considered an ‘open plea,’ she could still be sentenced to five years in prison at the hearing on Jan. 27.”  Call me a cynic, but I very much doubt she’ll serve any more time than the next 65 days.

UPDATED: News4Jax is reporting additional detail on Alexander’s sentencing:

Under the terms of Monday’s plea agreement on two of the three counts against her, Alexander was credited for 1,030 days already served from her time behind bars after her first conviction and while awaiting the retrial. After spending 65 more days in the county jail she will be released to two years of house arrest. She must wear an electronic ankle bracket but will be allowed to go to work, job interviews, church, family medical/dental appointments and visit her children’s school. All other requests must be approved by the judge.

Judge Daniel withheld a ruling on the third count for which she could serve up to five years pending her successful completion of the terms of their plea agreement.

Merry Christmas, Marissa. Merry Christmas.

–-Andrew, @LawSelfDefense

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Andrew F. Branca is an MA lawyer and the author of the seminal book “The Law of Self Defense, 2nd Edition,” available at the Law of Self Defense blog (autographed copies available) and Amazon.com (paperback and Kindle). He also holds Law of Self Defense Seminars around the country, and provides free online self-defense law video lectures at the Law of Self Defense Institute and podcasts through iTunes, Stitcher, and elsewhere.

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