CNN and its affiliates have reported that an African-American woman has been sentenced by a Florida judge to 20 years in prison for firing a single warning shot, allegedly to scare off her abusive husband, but narrowly missing her own children instead.
It took a jury 12 minutes to deliberate before convicting M.A. of aggravated assault.
M.A. believed that Florida's "stand your ground law" would protect her from a conviction.
Rep. Corrine Brown, confident that M.A. was persecuted due to her race, confronted State Attorney Corey following the trial. Brown told Corey, "There is no justification for 20 years. All the community was asking for was mercy and justice."
Corey is the same state attorney making headlines in the Trayvon Martin case.
Corey explained that M.A. had the opportunity to accept a plea bargain – which would have only sentenced her to three years of prison – but the defendant requested a jury trial instead.
Corey said that a jury trial promised, if convicted, Florida's "10-20-life" mandatory sentence. Felonies that involve aggravated assault – with either the use of a gun or carrying a gun – have increased penalties.
Corey further stated that because M.A.'s two children were standing in a room that she shot the bullet into, the case warranted prosecution.
M.A. explained that the incident began on August 1, 2010, when her husband, R.G., read cellular text messages M.A. had exchanged with her former husband. The messages angered him and he tried to strangle her.
Once she was able to escape R.G., she headed to the garage only to realize that she had forgotten her car keys. So she went back into the house – with a gun. He threatened to kill her so, in an effort to warn him off, she discharged one bullet into a wall.
M.A. said, "I believe when he threatened to kill me, that's what he was absolutely going to do. That's what he intended to do. Had I not discharged my weapon at that point, I would not be here."
M.A.'s defense had argued that Florida state law allows for people to use deadly force whenever they perceive that an extreme threat will lead to their own harm or death.
A judge rejected the argument, stating that by leaving the home and then re-entering it, M.A. was not afraid for her life.
Judge James Daniel handed down the sentence while M.A.'s parents, daughter and pastor spoke on her behalf. Others in the courtroom responded to the sentence by singing and chanting about justice not being served.
Daniel said, "Under the state's 10-20-life law, a conviction for aggravated assault where a firearm has been discharged carries a minimum and maximum sentence of 20 years without regarding to any extenuating or mitigating circumstances that may be present, such as those in this case."
Brown told reporters, "She was overcharged by the prosecutor. Period. She never should have been charged."
If you feel that charges filed against are unjust you still must seriously consider your defense and contact a criminal defense attorney to represent you. An experienced attorney will offer you valuable advice, and expertise.
