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A friend of mines is on trial for aggravated assault w/ deadly weapon. If one juror says guilty does that mean he is going

Houston, TX |

A friend of mines is on trial for aggravated assault w/ deadly weapon along with felon possess weapon and could be sentenced to go to prison. If one juror says guilty does that mean he is going to prison? Does it have to be all of the jurors to say Not Guilty to avoid prison time?

Attorney Answers 6

  1. I don't practice in TX, but I understand that in TX criminal juries for felony cases must be unanimous, which means ALL jurors must agree on a verdict.

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  2. Jury verdicts must be unanimous either way. If they cannot reach a verdict the state can try him again.

  3. These gentlemen are right in that all of the jurors must agree on the verdict to convict or acquit your friend. If they don't have a unanimous verdict, then it would be a hung jury and the trial would start all over again. If they all say not guilty, that's it. Case over. However, if they all say guilty to the aggravated assault, then it goes to the second phase of the trial, which is punishment.

    In the punishment phase, the verdict must also be unanimous. If they go with more than 10 years, then it's automatically prison time. If it is less than 10 years, then they can ask the judge to give him probation or prison.

  4. If one person says "guilty" we call that a hung jury--assuming that one person refuses to budge off of their position. The DA can retry with a different jury.

  5. One guilty vote is not enough, all must vote guilty for a conviction. If only one or less than all vote guilty there is no conviction - but a retrial is always a possibility.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

  6. Simply put, if all jurors vote guilty the defendant is found guilty. If any one of the jurors vote not guilty, the jury is considered "hung" and the case may be tried again in front of a different jury if the prosecuting office decides to try again.

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