Legal Definitions - fact bargain

A fact bargain is a form of plea bargaining where the prosecutor and defendant agree on the specific version of facts that will be presented to the court. This agreement is critical because the agreed-upon facts directly influence the defendant's sentence, often determining how sentencing guidelines are applied.

A fact bargain is a specific type of plea agreement made between a prosecutor and a defendant. Instead of negotiating the specific charges (which is a common form of plea bargaining), a fact bargain involves an agreement on which facts related to the crime will be presented or accepted as true in court. These agreed-upon facts are crucial because they directly influence the sentencing guidelines and the potential punishment a defendant might face. By stipulating to certain facts, both sides can achieve a resolution without a full trial, often resulting in a more predictable or reduced sentence for the defendant.

Here are some examples:

• Assault Case with Injury Severity: A defendant is accused of assault. The prosecutor initially argues that the victim suffered "serious bodily injury," which carries a much harsher sentence under the state's guidelines. Through a fact bargain, the prosecutor agrees to stipulate that the injury was "bodily injury" (a less severe category) in exchange for the defendant pleading guilty to a specific assault charge. This agreement on the factual severity of the injury directly impacts the sentencing range the judge can consider.

  This illustrates a fact bargain because the agreement is not about the charge itself, but about the accepted level of injury—a key fact that dictates the potential punishment.

• Burglary with Intent: A person is caught breaking into a commercial building after hours. The prosecution could charge them with burglary, which requires proving an "intent to commit a felony" inside the building, or a lesser charge like trespassing or unlawful entry. In a fact bargain, the prosecutor might agree to drop the factual assertion of "intent to commit a felony" if the defendant pleads guilty to unlawful entry. This avoids the need for a trial to prove intent and results in a significantly lighter sentence for the defendant.

  This demonstrates a fact bargain by showing how an agreement on a crucial factual element—the defendant's intent—determines the severity of the crime and its corresponding sentence.

• Financial Fraud with Loss Amount: A defendant is accused of a complex financial fraud scheme. Sentencing guidelines for such crimes often escalate dramatically based on the total monetary loss caused. The prosecution initially alleges a loss of $500,000. Through a fact bargain, the defense and prosecution agree to stipulate to a lower, agreed-upon loss amount, such as $150,000, perhaps by excluding certain transactions or re-evaluating the impact. In return, the defendant pleads guilty to a specific fraud charge.

  This is a fact bargain because the agreement centers on the factual amount of financial loss, which is a direct determinant of the sentencing range for white-collar offenses.