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Akulahawk

EMT-P/ED RN
Community Leader
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Yeah, that "strong probability" part is different than the possibly standard a lot of people seem to be applying to this situation.

Strong probability is still FAR below intentional, which is the standard in many states.
The DA still has to prove that it was known that the "act" was known to by the defendants to have a "strong probability" to cause death or great bodily injury. If the defendants have only been taught that the "act" had a possibility of death/GBI then that becomes a mitigating factor and points toward a lesser level crime. If the DA only pushes the First Degree and nothing else, it's quite possible that the jury returns a "not guilty" verdict.
 
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