When facing felony charges in Washington, the stakes are high. A conviction can lead to lengthy prison sentences, hefty fines, and a permanent criminal record. While many people assume their only option is to go to trial, negotiating offers an alternative path that could result in a reduced sentence or lesser charges. However, this decision is not one to take lightly. While negotiations may bring a faster resolution, they also come with lasting consequences.
At LaCross & Murphy, we help individuals in Port Orchard and throughout Washington State navigate the complexities of the criminal justice system, including evaluating whether negotiating for lesser charges is the right choice for their case.
This blog explores the advantages and disadvantages of negotiating charges for felony cases in Washington, helping defendants understand how negotiations work, their potential benefits, and the long-term consequences of accepting a lesser charge.
What Is Negotiating for a Lesser Charge in Washington?
Negotiation is a process between the defendant (or their attorney) and the prosecution. It can involve:
- Charge Bargaining – The defendant pleads guilty to a lesser charge than originally filed.
- Sentence Bargaining – The defendant pleads guilty in exchange for a reduced sentence.
- Fact Bargaining – Certain facts of the case are agreed upon to influence sentencing.
While negotiations can streamline the legal process, they are not always the best option for every defendant.
Pros of Negotiations for Felony Charges
1. Reduced Charges or Sentencing
One of the most significant advantages of negotiating is the potential for reduced penalties. Instead of facing a lengthy prison sentence for a Class B or Class C felony, a defendant may agree to plead guilty to a gross misdemeanor or lesser felony charge, resulting in:
- Shorter jail time
- Lower fines
- Avoiding mandatory minimum sentencing in certain cases
2. Avoiding the Uncertainty of a Trial
Going to trial is risky—there is no guarantee of acquittal, and a guilty verdict could lead to harsher penalties. Negotiating for a lesser charge provides a more predictable outcome, allowing defendants to make an informed decision about their future.
3. Faster Resolution of the Case
Trials can take months or even years, causing prolonged stress and financial burdens. Successful negotiations often expedite the legal process, allowing defendants to move forward with their lives sooner.
4. Less Public Scrutiny
Criminal trials are public records, and high-profile cases can attract unwanted attention. With negotiations, cases are often resolved more quietly, reducing exposure and potential damage to a defendant’s reputation.
5. Potential for Alternative Sentencing
In some cases, negotiating charges can include rehabilitative programs, probation, or community service instead of jail time. This can be particularly beneficial for first-time offenders or those charged with non-violent felonies.
Cons of Negotiations for Felony Charges
1. Pleading Guilty Means a Criminal Record
Negotiating for a lesser charge can mean pleading guilty to a crime, which results in a criminal record. Even if the charges are reduced, the conviction can affect employment opportunities, housing, and future legal rights.
2. Giving Up the Right to a Trial
Negotiating your charge waives your right to a trial, meaning you cannot challenge the prosecution’s evidence or present a defense before a jury. This can be a disadvantage if there is a strong case for acquittal.
3. Risk of Harsh Sentencing
Prosecutors may push for a deal that still carries significant penalties, especially in serious felony cases. Without a strong defense strategy, defendants may agree to a sentence that is harsher than what they could have received at trial.
4. Prosecutors May Use It as a Pressure Tactic
Some prosecutors use negotiations as a tactic to move cases quickly, even when there is weak evidence. Defendants may feel pressured to accept an offer out of fear of facing a worse outcome at trial, even if they are innocent or the case against them is weak.
5. Limited Opportunity for Appeal
Once an agreement is met between the prosecution and defense, it is difficult to appeal the conviction or seek modifications to the sentence. Defendants lose the opportunity to argue their case in front of a judge or jury.
Should You Try to Negotiate Your Charge for a Lesser One?
Deciding whether to enter negotiations is a complex decision that should be made with the guidance of a skilled criminal defense attorney. At LaCross & Murphy, we evaluate:
- The strength of the prosecution’s case
- The potential risks of going to trial
- Whether the potential offers are truly in your best interest
We fight to ensure that our Kitsap County clients receive fair treatment under the law and explore all available legal options before recommending a course of action.
Contact LaCross & Murphy Felony Defense Lawyers
If you or a loved one is facing felony charges in Washington, don’t make a decision without consulting a knowledgeable defense attorney. Negotiating for a lesser charge may be the right option, but it’s essential to understand the full consequences before accepting a deal.
Call LaCross & Murphy at (360) 447-9365 or schedule a consultation online to discuss your legal options today.
