Legal Definitions - Plea bargain

A plea bargain is an agreement in a criminal case between the prosecutor and the defendant. In this agreement, the defendant agrees to plead guilty (or sometimes "no contest") to some or all of the criminal charges brought against them. In return, the prosecutor offers certain concessions.

These concessions often involve reducing the number or severity of the charges, or recommending a lighter sentence to the judge. Plea bargains are a common way to resolve criminal cases, allowing both the prosecution to manage its caseload more efficiently and the defendant to potentially receive a less severe outcome than they might face after a full trial.

Here are some examples of how plea bargains work in practice:

• Example 1: Reducing the Severity of Charges

  Imagine a situation where a person, Maria, is arrested after a bar fight and charged with aggravated assault, a serious felony, because a broken bottle was involved. After reviewing the evidence, the prosecutor realizes that proving Maria intended to use the bottle as a weapon might be challenging. The prosecutor offers Maria a plea bargain: if she pleads guilty to simple assault, a misdemeanor, they will drop the aggravated assault charge. Maria accepts, avoiding a felony conviction that would have significant long-term consequences for her employment and rights. This illustrates a plea bargain where the defendant pleads guilty to a less severe charge in exchange for the more serious charge being dropped.

• Example 2: Recommending a Lighter Sentence

  Consider John, who is charged with burglary after breaking into a vacant house. The evidence against him is strong. His defense attorney negotiates with the prosecutor, who agrees that if John pleads guilty to the burglary charge, the prosecutor will recommend to the judge that John receive a sentence of probation with community service, rather than a prison term. John agrees, understanding that while he is still pleading guilty to the original charge, the prosecutor's recommendation significantly increases his chances of avoiding incarceration. This demonstrates a plea bargain where the prosecutor recommends a specific, often lighter, sentence in exchange for a guilty plea.

• Example 3: Cooperation in Exchange for Leniency

  Sarah is a low-level participant in a large-scale credit card fraud ring and is facing multiple felony charges. The prosecutor is primarily interested in apprehending the ringleaders. The prosecutor offers Sarah a plea bargain: if she provides detailed testimony and evidence against the higher-ranking members of the fraud ring, she will be allowed to plead guilty to a single, less serious charge of conspiracy to commit fraud, and the prosecutor will recommend a non-custodial sentence (like house arrest or probation). Sarah accepts, providing crucial information that leads to the arrest and conviction of the ringleaders, and in return, she receives a significantly reduced penalty for her involvement. This example shows a plea bargain where a defendant's cooperation with law enforcement leads to substantial concessions on charges and sentencing.