Joe Mixon is a Bengal

[CJD]

(05-02-2017, 01:41 PM)Circleville Guy Wrote: He should have a shot at redemption. He should have gotten some serious hail time too, but he's a talented ballplayer. This team overlooks character and discipline. I don't like that we drafted him. I think that he committed a terrible crime and wasn't punished by the law. If reports of him aiming a car at someone as if he were gonna run them down is true, then he hasn't learned has he?

He took a plea deal that included a one year deferred sentence, community service and counseling. Since he didn't violate his probation and completed his community service and counseling, he was able to have the 1 year sentence waived after the probation ended.

Jail time may have been on the table if he had gone to court for Assault 1 or Assault 2 (likely 2, as he did break bones), but I suspect the prosecutor wanted to settle because there would undeniably be people on the jury that have the opinion of self defense justifying or lessening his offense. That's a case that, while you may be 85% sure will be a conviction, always has the risk factor of the jury. 

I've read (and seen) that prosecutors will often take the sure thing lesser sentence than risk the higher sentence to an opinionated jury, especially in cases like this that obviously have grey space. Regardless of who the defendant is.

According to this website, when asked what the jail time for breaking bones in a fight is, the responses ranged from 3 to 9 months if convicted of Assault 2. If pled down to Assault 3, 1 to 3 months of jail or community service and fines. In many cases, first time offenders (which is what Joe was) often avoid jail time.

https://www.avvo.com/legal-answers/what-is-the-penalty-for-assulting-punching-someone-893110.html

Specifically, there was one excerpt that sounds uncannily familiar to this case:


" ...the defendant, might be able to work out some sort of a compromise of a misdemeanor where you cover any medical bills, pay a filing fee, and write say a letter of apology and if the court grants your motion the case could be dismissed. There are numerous options for a first time assault and many times if it is a gross misdemeanor, non domestic violence, type assault a combination of community service and an anger management assessment and class will help you work out a resolution whereby you keep the whole incident off your record."



So, despite the bone breaking putting it into Assault 2 or 3, if he pled down to a gross misdemeanor, the punishment seems in line with the typical punishment a regular citizen would get.


I don't think him being a ball player had all that much to do with his sentencing. Maybe he avoided a month or 2 in jail, but certainly not "serious" jail time.

As far as the justice system is concerned, he served the punishment that was deemed appropriate for his offense.