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Plea deal areas of negotiation

On Behalf of | Nov 20, 2020 | Firm News |

No matter what led to the police arresting you, you will likely receive the offer to plea bargain from the prosecution. Plea bargaining is very common because it saves a lot of time and effort on the part of the prosecution and in certain situations it is advantageous for the defendant not to go to trial.

Of course, whether you ultimately accept the bargain will depend upon your situation. However, there are three common areas of negotiation for plea bargaining. As per FindLaw, they are charge, sentence, and fact bargaining.

Which one is the most common?

Of the three types of bargains, charge bargains are the most common by far. A charge bargain involves the prosecution offering the defendant the chance to plead guilty to a lesser charge.

A good example of this would be a defendant agreeing to plead guilty to a charge of misdemeanor battery for the purpose of avoiding a felonious battery charge. Pleading guilty to manslaughter may prevent a defendant from facing murder charges, as another example.

What about fact bargaining and sentence bargaining?

Fact bargaining is the rarest type of plea bargain. With a fact bargain, the defendant agrees to admit certain facts to the jury in order for the prosecution to not mention other incriminating information. Again, fact bargaining is very rare and not all court systems allow it. You will probably not encounter fact bargaining in your case.

Sentence bargaining is similar to charge bargaining, only the prosecution keeps the charge the same and does not reduce it. However, you will spend less time in jail.