Plea Bargaining for Violent Offenses in Illinois

 Posted on September 09, 2022 in Criminal Law

Any criminal charge can be life-changing, but the criminal penalties and personal consequences associated with violent offenses are especially severe. If you or a loved one were charged with domestic battery, sexual assault, homicide, or another violent offense, the need for strong legal counsel cannot be overstated. Your lawyer can investigate your case and determine the best way to proceed. In some cases, the defendant's best option is to fight the charges at trial and hope for an acquittal. In other cases, it is better to arrange a plea deal or plea bargain. 

What is a Plea Bargain?

A plea bargain is an agreement between the prosecutor and the defendant in which the defendant agrees to plead guilty or no contest to a criminal charge in exchange for a reduced sentence or some other benefit. For example, a prosecutor might agree to reduce a felony charge to a misdemeanor in exchange for a guilty plea. Or, the prosecutor might agree to recommend a reduced sentence in exchange for a guilty plea. 

Plea bargains are not available in every case, and they are not always in the defendant's best interest. In some cases, it is better to take the case to trial. However, plea bargains can be beneficial because they offer the opportunity to resolve the case without going to trial. A plea bargain can also result in a lighter sentence than the defendant would receive if convicted at trial.

What Are the Different Types of Plea Bargains?

There are different types of plea bargains, and the type of plea bargain that is offered will depend on the facts and circumstances of the case, as well as the jurisdiction in which the case is being tried. 

In general, there are three types of plea bargains: charge bargaining, sentence bargaining, and factual bargaining. In charge bargaining, the prosecutor agrees to reduce the charges against the defendant in exchange for a guilty plea. For example, if the defendant is charged with murder, the prosecutor might agree to let the defendant plead guilty to involuntary manslaughter or reckless homicide. In sentence bargaining, the prosecutor agrees to recommend a reduced sentence in exchange for a guilty plea. For example, if the defendant is facing a sentence of 10 years in prison, the prosecutor might agree to recommend a sentence of five years if the defendant pleads guilty. In factual bargaining, the defendant agrees to admit certain facts about the case. 

Should I Take a Plea Deal?

The decision of whether to take a plea deal or go to trial is a difficult one, and it is one that should not be made without the guidance of an experienced criminal defense lawyer. There are many factors to consider, including the facts of the case, the strength of the prosecution's case, the severity of the charges, the likelihood of a guilty verdict, and the possible sentences.

Contact Our Rolling Meadows Criminal Defense Lawyer 

Chicago criminal defense attorney Kendall D. Hartsfield provides skilled legal representation for individuals accused of DUI, assault, homicide, theft, and other criminal offenses. Call Hartsfield Law at 312-345-1700 for a free consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1966&ChapterID=54&SeqStart=28500000&SeqEnd=32750000