The judge will certainly consider the fact that this is Joe's first criminal offense of record. There is also the possibility that he/she will weigh the hardship to his family and sentence Joe to house arrest followed by a long period of public service, along with a very hefty fine.
I imagine he and his attorney are banking on this, since they turned down the 5 year plea offer. I'm also pretty sure Teresa is making novenas and is on her knees every night praying for this outcome.
As much as I dislike them, I do not wish the Giudices the burden of coping with Dad in jail until Gia is in college.