A Sober Look At The Law

What Are The Goals Of A Plea Bargain In A Felony Case?

7 September 2021

Elizabeth Willis

Felony attorneys, their clients, and prosecutors often enter into what is called a plea bargain. These are agreements where the prosecution recommends a lighter charge and sentence to the judge in exchange for the defendant pleading guilty. It's wise to understand what the goals of plea bargaining are, especially in the context of a felony case.

Minimizing Prison Time

In most jurisdictions, a felony is a crime that carries at least one year of prison time for the defendant upon conviction. Notably, some felony convictions can carry penalties that go into decades or a lifetime. In extreme cases in some states and under federal law, the death penalty is a possibility.

Obviously, if someone is going to plead guilty to a crime, they want something to show for it. In a plea agreement, the prosecutor will tell the judge that the state wants to enter a lesser charge or ask for a shorter prison time. Some plea agreements may even take the time served for the charges below the felony level.

Avoiding Advanced Penalties

Prison time and fines are the only possible penalties in felony cases. Felony lawyers also want to see their clients avoid advanced penalties.

For example, a person convicted of financial fraud might never be able to hold a job in the public or financial sectors ever again. Sex crime convictions may limit where a person can live, and they also often entail reporting requirements where they have to inform neighbors of their previous convictions. Some violent and drug crime convictions carry prohibitions on owning weapons. Note that these penalties may be for life. That applies even after a person completes the sentence.

Improved Chances of Expungement

You may want to have a conviction expunged from your record after you've completed prison and probation time, paid fines, and gotten on with your life. Generally speaking, it's easier to have lesser charges expunged. For example, a judge might never grant the expungement of a fraud conviction because they believe the accelerated penalties protect the public. You'll have an easier argument at that later date if you can present a conviction for a lesser charge, especially a misdemeanor.

What the Prosecution Gets

You may wonder what the government gets from making a plea deal. Foremost, a prosecutor gets to add a win to their record. The government benefits from reduced costs and faster processing of cases, too. Also, it's much harder for a convicted party to appeal a case if they admitted guilt.

Reach out to a felony lawyer for more information. 

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