When To Challenge a Felony vs. Accept a Plea Deal in Tennessee
By reviewing the main reasons to challenge a felony or accept a plea deal, and by speaking with a criminal defense attorney, it may be easier for you to decide which option is best for your specific situation.
What is a plea deal?
A plea deal is a legal agreement with the district attorney in which a defendant pleads guilty or nolo contendere to a charged offense or a lesser or related offense, often for the dismissal or reduction of other charges and/or an agreed or recommended sentence, subject to the court’s rules on acceptance.
You have the right to take your felony case to trial and contest the charges against you. But the prosecution may offer you a plea deal. If the court accepts your guilty or nolo contendere plea, you waive the right to a trial, and the case will be resolved without a trial.
For example, if a defendant is being charged with aggravated assault, the prosecution might let them plead guilty to misdemeanor assault. By pleading guilty to misdemeanor assault, instead of contesting their aggravated assault charge at trial, they may spend less time incarcerated.
What are the main reasons to challenge a felony?
The main reasons to challenge a felony in Tennessee may include:
- If the plea deal offers very few benefits to you, and going to trial may present a meaningful chance of acquittal or dismissal. For example, if you are offered a deal that requires you to plead guilty to certain “aggravated” offenses but carries nearly the same amount of prison time as the current charges, you may prefer to go to trial.
- If you would like to protect your reputation and avoid having a “guilty” verdict on your record. For example, if you have been charged with a relatively minor crime, and even though a plea deal would help you put the matter behind you, your career will suffer if you are considered “guilty” of these charges.
- If you are completely innocent of the charges against you, and would like to clear your name. If you are innocent of the charges against you and would like the public record to reflect that you were found not guilty because the prosecution did not prove the charge beyond a reasonable doubt.
- If the evidence against you is questionable, the police made errors, or the charges stem from a serious violation of your constitutional rights. This may result in the suppression of evidence or dismissal.
If any one of the reasons mentioned earlier is present, challenging the felony charges against you may be wise. Consulting with an experienced criminal attorney may help you better understand your legal options.
What are the main reasons to accept a plea deal?
The main reasons to accept a plea deal are often as follows:
- The plea agreement you have been offered carries a much shorter sentence or much lighter penalties than if you take your case to trial and obtain a “guilty” verdict. For example, if you receive a plea agreement that includes no jail or prison time, but the criminal charges against you carry mandatory incarceration, accepting the plea agreement may be advisable.
- You are not ready or do not want to deal with the stress, complexities, and unpredictability that may come from challenging your felony at trial. Taking your case to trial is never easy; you don’t know what the outcome will be, and you don’t know what the next steps will bring.
- You do not have the resources or means to take your case to trial and deal with the fees, costs, and potential financial penalties that may result from doing so. Even though appointed counsel may be available, trials can still involve significant time, stress, and financial consequences.
Accepting a plea deal can lead to life-altering consequences. Regardless of what the police or prosecution insist, you may want to speak with a criminal defense attorney before making any decisions regarding this plea deal.
What should you do?
Choosing whether to accept a felony plea deal or challenge a felony charge in Tennessee is not an easy decision to make. A criminal defense attorney can:
- Review the facts of your case, including the charges against you.
- Evaluate the plea deal you have been offered and explain your legal options.
- Discuss the potential risks and benefits of taking your case to trial.
- Explain how they can represent you if you decide to challenge the felony charge.
In order for your attorney to help you, you must give them all the facts of your case. This includes your charges and any information and documentation regarding the case.
Contact a Tennessee criminal defense attorney
If you have been charged with a crime, consider consulting an attorney. At the Law Offices of Adrian H. Altshuler & Associates, we can help. Use this form to contact a Tennessee criminal defense attorney. We can look at your case and go over your next steps.