Prison time consecutively or concurrently

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Reference no: EM133943548

CASE SCENARIO: Johnny Jealous lives next door to his former girlfriend and her husband, Jane and Brian. Jane's dog continues to come into Johnny's yard and goes to the bathroom. Johnny tells both Jane and Brian, "If I catch your dog one more time in my yard, I am going to brain him with this baseball bat." Sure enough, the next day, Jane and Brian here a commotion next door and see Johnny chasing their dog with a baseball bat raised over his head. As the couple intervene, Johnny turns toward them and starts chasing them with the bat, but they are able to get back to their house, and call the police.

The police take their statements and Johnny admits to the police officer, "I just wanted to scare them a little." Johnny is charged with 2 counts of Felonious Assault, punishable by 4 years in prison per offense. The case is scheduled for trial, and the defense attorney pursues a plea bargain.

1. If Johnny is convicted of both offenses, will he serve any jail/prison time "consecutively" or "concurrently?" Explain your answer.

2. What is the simplest (reasonably expected) plea bargain you can arrange for Johnny?

3. What one "word" could you insert with the charged offense to cut the penalty in half?

4. What impact, if any, would two convictions versus one conviction have on Johnny's record?

5. Does the judge have to accept the plea bargain? Why or why not?

Reference no: EM133943548

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