By: J.B. Fitzgerald

What is a Plea Deal?

A plea deal (also known as a plea agreement or plea bargain) is an agreement made between the prosecution and the defendant in which the defendant agrees to plead guilty in exchange for some form of relief by the government such as a reduced sentence or the government agreeing to drop other charges. For example, in assault cases, a defendant who is charged with aggravated assault (a felony) may agree to plead guilty in exchange for the charge being lowered to simple assault (a misdemeanor). This would ultimately result in a lower sentence and possibly even probation.

In Pennsylvania, the following laws apply to plea deals:

  • The defendant is allowed to plead guilty or not guilty. In some cases, a criminal law judge may allow the defense to plead nolo contendere
  • All pleas made and accepted by both sides should occur in a court of law
  •  The judge has the full authority to authorize or refuse your plea agreement. 
  • It is the responsibility of the judge to ensure that the defendant understands the terms of the plea deal

When negotiating an acceptable plea agreement, the prosecutor and the criminal defense attorney will thoroughly analyze and discuss the factors related to your case. Some of the factors related to your assault case may include past convictions, the severity of the violent offense, any injuries suffered, and more. At a certain point prior to trial, the prosecutor is likely to offer a plea. At this point, you and your lawyer will have the chance to discuss the advantages and disadvantages of accepting the deal.

Are There Advantages to Taking a Plea?

Accepting a plea bargain from the prosecution has several advantages and disadvantages.

Pleading guilty to lesser charges provides some level of certainty to the defendant as to the outcome of the case. If they do not plead guilty or accept the plea deal, defendants risk the chances of a conviction on more serious charges at trial. Additionally, criminal defense cases typically resolve much faster when the defense enters a guilty plea and accepts a plea bargain. A faster resolution can mean less anxiety, stress, and financial concerns.

Plea bargains typically result in lighter sentences than criminal convictions. A plea agreement still may result in jail time, but it will likely be a lighter sentence.

Certain plea agreements may also grant immigration benefits to non-citizen defendants. For example, the Philadelphia District Attorney’s Office has immigration counsel which will review the facts of a case and determine whether to offer an “immigration safe” offer to the defendant in order to avoid a risk of deportation.

Should You Accept the Initial Plea Offer?

It is not usually in the defendant’s best interest to accept the initial offer submitted by the prosecutors for a plea bargain. However, there do exist examples of the first offer being the most mutually acceptable offer for both sides. Whatever the case may be, you should discuss the plea bargain with your criminal defense lawyer before accepting it. But don’t wait too long. The longer the case progresses, the more time the prosecution has to gather more evidence to support their case. There is a chance of the plea agreement’s terms being altered when additional evidence is discovered.

Are Plea Deals Negotiable?

Yes, plea deals are usually negotiable. The final plea agreement is whatever terms both parties agree to in negotiations. As long as the state prosecutor and the defendant agree to the terms of the plea bargain, the case can be resolved with a plea deal.

What Factors Should Be Considered When Negotiating Plea Deals?

You should consider several factors when negotiating for the most optimal outcome for your criminal case. First, it is important to begin with a clear understanding of the type of plea offer you hope to achieve.

The following are key factors to consider when negotiating plea deals for assault charges in Philadelphia, Pennsylvania:

  • Finding issues with the prosecutor’s evidence: To get a good plea deal, your criminal defense attorneys must work hard to poke holes in the prosecutor’s evidence, finding flaws in their case so that the prosecution is less certain about securing a conviction. If this can be accomplished, it may be possible to arrive at an agreeable plea bargain
  • The burden of proof: Remember, in any criminal defense case, the burden of proof rests on the shoulders of the prosecution. They must prove your guilt beyond a reasonable doubt in order to secure a conviction. If they believe they are unable to prove your case beyond a reasonable doubt, they may be willing to make a plea agreement with you
  • The cooperation of the defense: In order to get a satisfactory plea deal, the defense may have to cooperate with the prosecutor and testify against co-defendants. Alternatively, they may agree to cooperate in a different criminal defense case where their testimony may help the prosecution. This strategy places the defendant in a precarious position but can be useful when negotiating for better terms in a plea deal
  • The criminal history of the defendant: If the defendant has no criminal history, the prosecutor may be more lenient when discussing sentencing, charges, and plea deals. This strategy is meant to establish that the defendant does not threaten society’s security

Being convicted of a crime, even with a satisfactory plea bargain, can have serious life-altering consequences. Do not enter into a plea deal without taking things very seriously and considering all of your options. We strongly recommend retaining professional legal counsel when negotiating plea deals with the prosecutor’s office. Contact our criminal defense lawyers for legal assistance.–

Schedule a Consultation with an Experienced Criminal Defense Attorney Today

Our law firm has extensive experience representing clients in complex criminal defense cases, including those negotiating plea bargains for assault charges. To learn more about plea bargains and whether you should accept the prosecutor’s offer, please get in touch with our law firm for legal guidance. Our criminal defense attorneys and supporting legal staff are compassionate about helping clients retain their freedoms and fight back against excessive charges.

Schedule your in-depth case evaluation with our legal team today by contacting us at 215-826-3314.