Understanding Plea Bargaining in California Sex Crime Cases

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Facing a sex crime charge in California can be overwhelming, and finding the right legal representation is crucial. At the Law Offices of Kerry L. Armstrong, APLC, we understand the importance of having a compassionate and experienced attorney by your side.

We have successfully represented countless clients over the years, and look forward to discussing how we can help you create an effective defense designed to minimize any impact your arrest has on your future. 

What Plea Bargaining Entails

Plea bargaining involves negotiating an agreement between the defendant and the prosecutor. In a sex crime case, this often means the defendant agrees to plead guilty to a lesser charge or only some charges in exchange for a lighter sentence or other concessions.

Plea bargaining can resolve your case without going to trial. This process requires careful consideration of various factors, including the strength of the evidence against you and the potential penalties you face if convicted at trial.

Pros of Plea Bargaining

Plea bargaining offers several potential benefits. Understanding these can help you decide if this route suits your case.

Reduced Sentences

One of the main advantages of plea bargaining is the possibility of a reduced sentence. By agreeing to plead guilty to a lesser charge, you may receive a lighter punishment than if you were convicted at trial.

Faster Resolution

Trials can be lengthy and stressful. Plea bargaining can resolve your case faster, allowing you to move forward with your life sooner. This quicker resolution can reduce the emotional and financial toll on you and your loved ones.

Certainty of Outcome

Trials are unpredictable. By entering a plea bargain, you gain more control over the outcome of your case. You know what to expect, which can provide relief and allow you to plan for the future more effectively.

Drawbacks of Plea Bargaining

While plea bargaining has its benefits, it also comes with potential drawbacks. Being aware of these can help you make a well-informed decision.

Admission of Guilt

When you accept a plea bargain, you must admit guilt to a charge. This admission becomes part of your criminal record and can have long-term consequences on your personal and professional life.

Limited Appeal Options

Accepting a plea bargain typically means waiving your right to appeal. If new evidence emerges or legal errors are discovered later, you may have limited options or even no options for challenging your conviction.

Potential for Injustice

In some cases, individuals may feel pressured to accept a plea bargain, even if they believe they are innocent. This pressure can stem from the fear of facing harsher penalties if convicted at trial. It is crucial to have a skilled attorney who can assess your case and advise you on the best course of action.

Key Considerations for Plea Bargaining

Several factors should influence your decision to consider a plea bargain in a sex crime case. Understanding these can help you weigh the pros and cons effectively.

Evaluating Evidence

Your attorney will evaluate the strength of the prosecution’s evidence against you. If the evidence is weak, you may have a better chance of achieving a favorable outcome at trial. Conversely, strong evidence may make a plea bargain a more attractive option.

Understanding Potential Penalties

Consider the potential penalties you face if convicted at trial versus the penalties outlined in the plea agreement. Your attorney can help you understand the sentencing guidelines and what you expect in both scenarios.

Personal Circumstances

Your circumstances, including your family situation, employment status, and health, should play a role in your decision. A quicker resolution through plea bargaining may be more beneficial in some cases, allowing you to minimize the disruption to your life.

The Plea Bargaining Process

Understanding the steps involved in plea bargaining can help you navigate the process more confidently. Here’s a general outline of what to expect:

  • Initial discussion—your attorney will discuss the possibility of a plea bargain with you and explain the potential benefits and risks;
  • Negotiation—your attorney will negotiate with the prosecutor to reach an agreement in your best interest;
  • Agreement—if both parties agree to the terms, you will enter a plea of guilty or no contest to the agreed-upon charges; 
  • Court approval—the judge must approve the plea agreement. In most cases, the judge will accept the deal if it is fair and reasonable; and
  • Sentencing—you will be sentenced according to the plea agreement’s terms.

Deciding whether to accept a plea bargain in a sex crime case is a significant decision. The Law Offices of Kerry L. Armstrong, APLC, provides compassionate and experienced legal representation to help you make the best choice for your future. By understanding the pros and cons of plea bargaining, you can confidently approach this decision.

Remember, each case is unique. What works for one person may not be the best option for another. To ensure that you have the best understanding of your case and what’s at stake, consult with your attorney to evaluate all the factors involved and determine the best course of action for your specific situation. 

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Are You Looking for a Criminal Defense Attorney with Specific Experience Handling Challenging Sex Crimes Cases?

If you or a loved one was recently arrested for a sex crime, reach out to the San Diego County sex crime lawyers at the Law Offices of Kerry L. Armstrong, APLC, to get started on your defense today. At our firm, we have helped countless clients secure better-than-expected results through our aggressive representation.

We are familiar with all the best sex crimes defenses, when to use them, and how to do so effectively. Regardless of the evidence against you, what your record looks like, or the seriousness of the allegations, we can help create a compelling defense designed to minimize the impact your arrest will have on the rest of your life.

To learn more and to schedule a free consultation, give us a call or connect with our sex crimes lawyer through our online contact form

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Kerry L. Armstrong

 

Attorney Kerry Armstrong opened up his law firm in June 2007. Mr. Armstrong attended Thomas Jefferson School of Law, San Diego, California, and received his B.S. from Middle Tennessee State University. Kerry L. Armstrong became certified by the State Bar of California’s Board of Legal Specialization for criminal law in August 2020, making him one of the few criminal defense attorneys with a criminal law legal specialization certificate in San Diego County.  Between 2014 – 2019, Mr. Armstrong was selected for inclusion in the California Super Lawyers list, an honor only awarded to 5% of the nation’s attorneys.

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