A good plea bargain may entail a plea to a lesser charge, or perhaps a
reduced sentence.
As I have explained previously, a plea bargain should be sought if the
evidence against the accused is strong. For example, if the accused is
charged with
burglary and the evidence includes fingerprints, eyewitnesses, the accused being
in possession of stolen property, and a confession - it would be wise
for the criminal lawyer to work out a plea bargain on behalf of this client.
That is because with this type of evidence, the liklihood of conviction is high.
But in
sex crimes cases, such as sexual battery or lewd or lascivious battery, there may
be consequences associated with accepting a plea bargain.
First of all, pleading guilty to a sexually-related felony may make you
a sex offender. That means that for the rest of your life, you will have
to register as a sexual offender. Failure to register as a sexual offender
is a felony.
Secondly, you will bear the stigma of having a sex crime in your criminal history.
A good plea bargain for a sex crime may be a reduced charge. Common charge
reductions for sex crimes are felony battery or child abuse, if the alleged
victim is a minor. Aggravated assault may also be a possible plea option.
The benefit to a reduced charge is that the accused will not become a sex
offender. Convictions for felony battery, child abuse, or aggravated assault
will not make the accused a sex offender.
The downside is that neither of these three felony charges can be sealed.
Felony battery, child abuse, and aggravated assault are all disqualifying
offenses and cannot come off of your criminal record.
Another negative may be the conviction. If a withhold of adjudication is
not an option, a plea to any of these three charges will make you a convicted felon.
If you or a loved one is charged with a sex crime, both your freedom and
your reputation are at stake.
Contact me to discuss your case. I handle criminal matters in Miami-Dade and Broward.