When facing criminal charges in California, a case does not always have to go to trial. In many cases, the prosecution and defense may negotiate a plea deal, also known as a plea bargain, to resolve the case.
A plea deal generally involves a defendant agreeing to plead guilty or no contest in exchange for some type of concession from the prosecution. That concession may involve reducing charges, dismissing certain counts, agreeing to a particular sentence, or negotiating factual allegations.
There are four commonly discussed types of plea bargaining:
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Count bargaining
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Sentence bargaining
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Charge bargaining
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Fact bargaining
These categories can overlap. A single plea agreement may involve more than one type of bargaining.
Understanding the difference can help explain what is actually being negotiated in a California criminal case.
What Is a Plea Deal?
A plea deal is a negotiated agreement used to resolve a criminal case without a trial.
Instead of proceeding to trial and asking a judge or jury to determine the outcome, the defendant agrees to plead guilty or no contest under negotiated terms.
Depending on the case, a plea agreement may involve:
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Dismissing one or more criminal counts;
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Reducing a charge;
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Agreeing to a particular sentence;
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Negotiating factual admissions; or
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A combination of these terms.
The specific terms must comply with California law and applicable court procedures.
1. What Is Count Bargaining?
Count bargaining focuses on the number of criminal counts that will remain in a case.
A defendant may be charged with multiple offenses. As part of a plea agreement, the prosecution may agree to dismiss some counts if the defendant pleads guilty or no contest to one or more remaining counts.
Example of Count Bargaining
Suppose a defendant is charged with:
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Count 1: Burglary
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Count 2: Receiving stolen property
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Count 3: Vandalism
The prosecution offers a plea agreement under which the defendant pleads guilty to Count 1 and the other two counts are dismissed.
The negotiation primarily concerns how many counts will result in convictions.
Why Does Count Bargaining Matter?
The number of convictions can affect the potential sentence and other consequences of a criminal case.
Having one count dismissed does not necessarily mean that every fact related to that allegation becomes irrelevant. Depending on the circumstances, facts associated with dismissed counts may still have legal significance, including for certain sentencing or restitution issues.
The exact effect depends on the plea agreement and applicable California law.
2. What Is Sentence Bargaining?
Sentence bargaining focuses on the punishment the defendant will receive after entering a plea.
Rather than primarily negotiating which charge will remain, the prosecution and defense negotiate the sentencing terms, to the extent permitted by California law.
Example of Sentence Bargaining
Suppose a defendant agrees to plead guilty to a particular criminal offense.
As part of the agreement, the prosecution and defense agree to a specific lawful sentencing term.
The primary subject of the negotiation is the sentence.
A negotiated sentence must still comply with California law. A plea agreement cannot authorize a court to impose a sentence that is legally unavailable.
Can a Judge Reject a Plea Deal?
The court has a role in accepting and implementing a plea agreement.
For certain felony plea agreements, California law establishes specific requirements concerning court approval and the agreed punishment.
As a result, a negotiated sentence is not simply a private agreement between the defendant and prosecutor. The agreement must go through the applicable court process.
3. What Is Charge Bargaining?
Charge bargaining involves negotiating the criminal offense to which the defendant will plead.
In an appropriate case, the prosecution may agree to reduce a charge or allow the defendant to plead to a different or less serious offense.
Example of Charge Bargaining
Suppose a defendant is initially charged with a felony offense.
The prosecution later offers a plea to a less serious offense in exchange for a guilty or no-contest plea.
If the defendant accepts the offer, the conviction will be based on the reduced offense rather than the original charge.
The primary focus of the negotiation is the charge itself.
Why Is Charge Bargaining Important?
The specific offense of conviction can affect the consequences of a criminal case.
Depending on the offense, those consequences may include:
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Potential jail or prison exposure;
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Probation;
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Fines and restitution;
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Future criminal consequences;
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Professional or licensing issues;
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Immigration consequences; and
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Other legal restrictions.
For that reason, the difference between the original charge and the charge offered in a plea agreement can be significant.
Can Every California Criminal Charge Be Reduced Through a Plea Deal?
No.
California law places restrictions on plea bargaining in certain cases and for certain offenses.
Whether a particular charge can be reduced depends on the applicable law and the specific facts and circumstances of the case.
4. What Is Fact Bargaining?
Fact bargaining focuses on the factual allegations or admissions associated with a plea.
Rather than negotiating primarily over the charge or sentence, the parties negotiate which facts will be admitted, stipulated to, or included as part of the plea agreement, when permitted by law.
Example of Fact Bargaining
Suppose a defendant agrees to plead guilty to a particular offense but disputes a factual allegation that could affect sentencing.
The prosecution and defense may negotiate the factual terms included in the plea agreement.
The defendant may agree to certain facts while not admitting other disputed allegations, provided the resulting plea complies with California law.
Are Facts Part of a Plea Agreement Important?
Yes.
Facts associated with a criminal offense can sometimes affect sentencing or other consequences.
A plea agreement therefore should not be evaluated only by looking at the name of the charge. The factual admissions and other terms can also matter.
Fact bargaining does not mean the parties can simply agree to unsupported facts. The court must still follow the applicable legal requirements for accepting the plea.
What Is the Difference Between the 4 Types of Plea Deals?
The simplest way to distinguish the four types is to look at what is being negotiated.
| Type of plea bargaining | What is negotiated? | Example |
|---|---|---|
| Count bargaining | Number of counts | Two counts are dismissed in exchange for a plea to one count |
| Charge bargaining | Criminal offense or degree | A defendant pleads to a less serious offense |
| Sentence bargaining | Punishment | The parties agree to a particular lawful sentence |
| Fact bargaining | Factual allegations or admissions | The parties negotiate which facts will be admitted |
These categories are not necessarily separate from one another. A plea agreement can involve multiple types of bargaining.
For example, a defendant might plead to a reduced charge, have additional counts dismissed, and receive an agreed-upon sentence. That agreement could involve charge bargaining, count bargaining, and sentence bargaining.
Count Bargaining vs. Charge Bargaining
These two terms are often confused.
Count bargaining concerns how many counts remain.
Charge bargaining concerns what offense the defendant pleads to.
For example:
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Three charges are filed, and two are dismissed: count bargaining.
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A felony charge is reduced to a less serious offense: charge bargaining.
Both can occur in the same plea agreement.
Charge Bargaining vs. Sentence Bargaining
The difference is what the parties are negotiating.
Charge bargaining concerns the offense of conviction.
Sentence bargaining concerns the punishment.
For example, agreeing to plead to a lesser offense is generally an example of charge bargaining. Agreeing to a particular lawful sentence is generally an example of sentence bargaining.
Can a Plea Deal Include More Than One Type?
Yes.
Plea negotiations do not have to fit neatly into only one category.
For example, imagine a defendant is charged with three offenses. The prosecution agrees to:
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Reduce one charge;
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Dismiss two other counts; and
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Recommend or agree to a particular lawful sentence.
That single agreement could involve charge bargaining, count bargaining, and sentence bargaining.
The terms of the specific agreement determine what the defendant is actually agreeing to.
Are Plea Deals Common in California?
Plea agreements are a recognized method of resolving criminal cases in California.
However, a plea deal is not available on identical terms in every case. The charges, evidence, prior criminal history, applicable statutes, and circumstances of the alleged offense can all affect the negotiations.
California law also restricts plea bargaining for certain offenses and under certain circumstances.
What Are the Benefits of a Plea Deal?
A negotiated plea can provide a way to resolve a criminal case without a trial.
Depending on the circumstances, a plea agreement may result in:
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Fewer convictions;
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Reduced charges;
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A negotiated sentence;
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Dismissal of additional counts; or
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Greater certainty about the terms of the case’s resolution.
However, whether a particular plea agreement is appropriate depends on the specific circumstances. Accepting a plea also means giving up important trial rights and accepting the consequences of the agreement.
What Are the Risks of Accepting a Plea Deal?
A plea agreement can have significant consequences.
Before accepting a plea, a defendant should understand:
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The exact offense or offenses involved;
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Which counts will be dismissed;
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The proposed sentence;
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Any factual admissions;
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Probation requirements;
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Fines and restitution;
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Potential immigration consequences;
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Professional or licensing consequences; and
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Other consequences associated with the conviction.
A defendant should understand the complete agreement rather than focusing only on the headline terms.
Frequently Asked Questions
What are the four types of plea bargaining?
The four commonly discussed types are count bargaining, sentence bargaining, charge bargaining, and fact bargaining.
Count bargaining concerns the number of counts. Sentence bargaining concerns punishment. Charge bargaining concerns the offense or degree of offense. Fact bargaining concerns factual allegations or admissions.
What is the most common type of plea deal?
There is no single type that applies to every California criminal case. Plea agreements can involve different combinations of charge, count, sentence, and factual negotiations.
What is an example of count bargaining?
A defendant is charged with three counts and agrees to plead guilty to one count while the prosecution dismisses the other two. The negotiation primarily concerns the number of counts.
What is an example of charge bargaining?
A defendant is charged with a more serious offense and agrees to plead guilty or no contest to a less serious offense as part of a negotiated resolution, when legally permitted.
What is an example of sentence bargaining?
A defendant agrees to plead guilty to a particular offense in exchange for an agreed-upon lawful sentencing term.
What is an example of fact bargaining?
The parties negotiate which factual allegations the defendant will admit or which facts will be included in the plea agreement, subject to applicable legal requirements.
Can a judge reject a plea bargain in California?
The court has a role in the plea process, and a negotiated agreement must comply with applicable law. A court cannot impose an unlawful sentence simply because the prosecution and defense agreed to it.
Does a no-contest plea result in a conviction?
Generally, yes. A no-contest plea can result in a criminal conviction and can carry significant legal consequences.
Can all criminal cases be resolved through plea bargains?
No. The availability of a plea agreement depends on the charges, applicable California law, and circumstances of the case. Certain offenses are subject to restrictions on plea bargaining.
Can a plea deal be changed after it is accepted?
That depends on the circumstances and applicable law. Once a plea has been entered and accepted, withdrawing or changing it may require satisfying specific legal requirements.
Understanding Plea Deals in California
The four types of plea bargaining can be summarized simply:
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Count bargaining: How many counts will remain?
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Charge bargaining: What offense will the defendant plead to?
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Sentence bargaining: What punishment will apply?
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Fact bargaining: What facts will be admitted or included?
These negotiations can overlap, and the specific terms of a plea agreement matter.
A plea deal is a significant legal decision. Understanding exactly what charges, counts, sentence, and factual admissions are involved can help a defendant understand the consequences of the proposed resolution.
Contact Southwest Legal
Have Questions About a California Plea Deal?
A plea agreement can affect your charges, potential sentence, and other important aspects of your criminal case. Understanding exactly what is being offered—and what you may be giving up—is an important part of making an informed decision.
Southwest Legal can help you understand the plea process and the legal issues involved in your California criminal case. If you have questions about a charge, a proposed plea agreement, or your available options, contact us today for a free consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship unless and until the firm and client enter into an agreement for legal services. Laws may change, and legal outcomes depend on the specific facts of each case. Consult a qualified attorney for advice regarding your situation.