One way criminal charges end is when the defendant, the person charged with the crime, accepts a plea bargain instead of exercising their right to trial. In exchange for a plea of no contest or guilty, the prosecutor offers lesser consequences, allowing the defendant to avoid some of the most harmful impacts of conviction. This also lets the defendant secure an agreed upon punishment range that is always less than the maximum amount of punishment available to the prosecutors should the case proceed to trial.
To properly negotiate a plea bargain a defense attorney must understand all of the facts of your case, understand the best legal mechanisms to attack the prosecutor’s case, and then take the time to properly demonstrate the strength of your defense or the problems with the prosecutor’s case before trial to the prosecutor. By doing this properly, the prosecutors for the State of Texas have time to process the risks of trial and make the defendant a fair plea bargain offer.Too often defense attorneys don’t take the time to fully understand their client’s case and the nuances the factual evidence shows, prior to the trial date. Waiting to understand the strengths of a case makes it very difficult for a defense attorney to properly plea bargain for the proper outcome. This is why it is so important that your defense attorney takes the time to understand the facts of your case clearly as early as possible in your case.
Negotiating plea bargains effectively is a skill the criminal defense attorneys at Austin Hagee Law Firm are well-versed in. In fact, Austin Hagee was voted as the number one negotiator in his law school class by the faculty of his law school. If you have been charged with a crime, our firm will take the time to properly understand your case and highlight your case strengths to the prosecutors. Our team can negotiate a plea bargain for you and help you decide whether to accept a plea bargain or exercise your right to trial.
Through our experience and legal knowledge, we can minimize how much your criminal charges impact your life. Reach out to our legal team to learn more.
A plea bargain is an agreement between the defendant and the prosecutor. In many Texas criminal cases, defendants resolve charges by accepting a negotiated plea instead of going to trial.
Plea bargains can reduce charges or penalties. Prosecutors may offer reduced charges, lighter sentences, or other concessions in exchange for a guilty or no-contest plea.
There are several types of plea agreements. These can include charge reductions, negotiated sentencing agreements, or stipulations about the facts of the case.
Accepting a plea usually results in a conviction. Although it may avoid harsher punishment, pleading guilty or no contest typically creates a criminal record.
Whether to accept a plea bargain depends on the case. Evaluating a plea deal requires understanding the evidence, possible defenses, and the risks of going to trial.
What is a Plea Bargain?
When the state accuses you of committing a crime, a prosecutor files criminal charges against you, alleging you committed one or more criminal offenses. Criminal offenses are actions that the law defines as crimes.
Plea bargains are agreements between the state prosecutor and the defendant addressing how to resolve criminal charges by a legally binding agreement. Although the form of plea bargains can vary, they generally reduce the negative consequences of the charges and can often avoid a conviction or jail time for the defendant. Through a plea bargain, the state and the defendant can avoid the time, stress, and expense of going through a trial.
Common types of plea bargains include:
- Charge reduction agreements,
- Sentence agreements, and
- Fact-stipulation agreements.
Many plea bargains combine elements of these agreements.
Let’s take a look at an example case and what the 3 types of agreements look like.
Example Case
Consider an example case for demonstration. An individual with no criminal history breaks into five houses and steals from three of them. The stolen items are worth approximately $3,000—approximately $500 from one house, $1,500 from another, and $1,000 from the third.
On two occasions, the homeowners arrive home while the individual is inside. Both times, the individual flees. The first time, a homeowner gives chase but trips down their front steps and breaks a leg. The second time, the individual leaves without being detected but leaves a drawer open. One of the homeowners later trips on the drawer and breaks an arm.
Charges
The state charges the individual with several crimes:
- Five counts of theft — when someone unlawfully takes property intending not to return it to the owner;
- Five counts of burglary — when someone enters a residence without consent and intends to commit or actually commits theft; and
- Two counts of robbery — “intentionally, knowingly, or recklessly” causing bodily injury to someone else while committing theft.
Each count of the same crime represents a separate break-in.
Punishments
These crimes are punishable as follows:
- Second-degree felonies (burglary and robbery) — two to 20 years in prison and a $10,000 fine;
- Class A misdemeanors (theft of property valued between $750 and $2,500) — up to one year in jail and a $4,000 fine; and
- Class B misdemeanors (theft of property valued between $100 and $750) — up to 180 days in jail and a $2,000 fine.
When a judge orders a jail or prison sentence for multiple offenses, they can order those sentences to run concurrently or consecutively.
Charge Agreements
A charge-related plea bargain may vary based on what you have been charged with and how many charges you face. If we consider our example, the prosecutor may offer to:
- Dismiss certain charges — for example, dismissing the robbery charges in exchange for pleading guilty to burglary;
- Dismiss some counts of the same charge — for example, dismissing the two theft charges where the defendant took nothing; or
- Substitute charges for others — for example, exchanging five counts of criminal trespass (where a person enters someone else’s residence knowing they lack consent, a Class A misdemeanor) for the burglary charges.
Through this deal, the defendant can avoid racking up quite as many convictions.
Sentence Agreements
Plea bargains may involve specific sentence or sentence recommendation agreements. In a recommendation agreement, the prosecutor agrees to recommend or not oppose a sentence for the crimes. In a specific sentence agreement, the prosecutor and defendant agree to request a particular sentence or a range of sentences.
Returning to our example, assume the state agrees to dismiss two theft charges and one robbery charge. The remaining charges include:
- Three counts of theft — two Class A misdemeanors and one Class B misdemeanor;
- Five counts of burglary — five second-degree felonies; and
- One count of robbery — one second-degree felony.
The maximum sentence for these charges is approximately:
- A $70,000 fine,
- A prison sentence of 120 years, and
- A jail sentence of approximately two-and-a-half years.
The prosecutor may offer to recommend the judge sentence the defendant to:
- No jail time,
- Concurrent prison terms totaling six years,
- Six years of community supervision instead of further prison time, and
- No fine or only a minimal fine.
To receive these benefits, the defendant must agree to plead guilty.
Fact-Stipulation Agreements
Under a fact stipulation agreement, the prosecutor and defendant agree that certain facts occurred. These agreements need not be consistent with the available evidence.
In our example, an agreement may state that the defendant broke into all five houses without permission but did not:
- Steal anything from inside the houses,
- Steal anything valued at less than $100 or more than $750, or
- Know or could not have predicted the injuries the homeowners sustained.
If the prosecutor agreed to all of these stipulations, the facts no longer support burglary or robbery charges. Instead, the remaining charges include three Class B misdemeanor theft counts and five Class A misdemeanor criminal trespass counts.
What Happens When You Accept a Plea Bargain?
You agree to plead no contest or guilty when you accept a plea bargain, typically resulting in a criminal conviction. Sometimes, a prosecutor may offer for you to participate in programs that, upon completion, seal or expunge your record. These programs are primarily available to first-time offenders accused of less severe crimes.
Your plea bargain may leave questions open for the judge to resolve. For example, if you plead guilty but cannot agree on the sentence, the court may hold a hearing on the sentence alone.
What Are Some Plea Bargain Pros and Cons?
Plea bargains are a powerful tool to minimize the impact of charges against you, but they come with tradeoffs.
Some pros of plea bargains include:
- Avoiding trial;
- Saving time and money;
- Certainty of the result; and
- Reduced charges, jail or prison time, or fines.
Some cons include:
- Convictions on your record,
- Pleading guilty when you might have been found not guilty, and
- Pressure to plead despite your innocence.
Ultimately, whether you should accept a plea bargain depends on what the plea offers, your comfort level, and the likelihood of a not-guilty verdict.
Speak with a Defense Attorney
Knowing whether a plea bargain is a good deal requires understanding criminal law as written and how it usually works on the ground. The defense attorneys at Austin Hagee Law Firm have the legal knowledge and experience to advise you on the pros and cons of any particular bargain and the skills to negotiate for a better deal. Contact us today.
What is a plea bargain in a Texas criminal case?
A plea bargain is an agreement between the prosecutor and the defendant that resolves criminal charges without a trial. The defendant usually agrees to plead guilty or no contest in exchange for reduced penalties or charges.
Why do prosecutors offer plea bargains?
Plea bargains allow prosecutors to resolve cases efficiently without the time and expense of a full trial. They also provide certainty in the outcome while helping courts manage large caseloads.
Do most criminal cases end in plea bargains?
Yes. In Texas and across the United States, most criminal cases are resolved through plea agreements rather than jury trials. Trials occur less frequently because plea bargains provide a quicker resolution for both sides.
What are the main types of plea bargains?
Common plea bargains include charge reductions, negotiated sentencing agreements, and fact-stipulation agreements. Each type addresses different aspects of how the case will be resolved.
Does accepting a plea bargain mean you are convicted?
Usually yes. Accepting a plea deal typically involves pleading guilty or no contest, which often results in a criminal conviction on your record.
Can a judge reject a plea bargain?
Yes. Judges generally review plea agreements before approving them and may reject a deal if they believe it is inappropriate or inconsistent with the law.
What are the advantages of accepting a plea bargain?
Plea bargains can reduce the risk of harsher punishment and provide certainty about the outcome. They may also avoid the stress, cost, and time required for a criminal trial.
What are the risks of accepting a plea bargain?
The biggest risk is accepting a conviction that will appear on your criminal record. In some cases, defendants may plead guilty even when they might have had a chance of being found not guilty at trial.
Can you negotiate a plea bargain in Texas?
Yes. Defense attorneys regularly negotiate with prosecutors to reach plea agreements that minimize penalties or reduce charges.
Should you accept a plea bargain?
Whether to accept a plea deal depends on the evidence, the risks of trial, and the potential penalties. A defense attorney can evaluate the case and help determine if the offer is fair.
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
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