Understanding Plea Bargains in Assault Cases

Plea bargains are an essential and integral part of the Canadian legal system. There are different types of plea bargains: charge bargaining, sentence bargaining, and fact bargaining. In today’s blog article, we want to discuss plea bargains and how they may apply in assault cases.

What Is a Plea Bargain?

A plea bargain is an agreement made between the prosecutor (the Crown) and the defence. Each side receives something. The prosecutor receives a guilty plea, and the defence receives some advantages in exchange for the guilty plea. The advantage received by the defence could be reduced charges (the defendant pleads guilty to a lesser offence) and/or a reduced sentence and/or some information might not be made public in court.

Plea bargains are typically started before a case ever goes to trial, but they can be concluded at any time before sentencing. There are several advantages to a plea bargain for both sides of the case, whether we are talking about assault or other crimes.

Advantages and Disadvantages of a Plea Bargain

The advantages include a known and given guilty plea and conclusion, not having to proceed with a trial and the time, trouble, expense, and headache that would entail, and the advantage to the court of clearing a case off the docket to make room for the next case.

The disadvantages of a plea bargain include the very real risk that a defendant will plead guilty to a crime that he or she did not commit until subtle or not-so-subtle pressure from lawyers, the defence often gives up opportunities for appeal, and often the victim of a crime (or victim’s family) is not satisfied that a defendant receives a lighter sentence for a lesser crime.

The possibility of a plea bargain is something your lawyer will discuss with you. Because of the many and distinct advantages of plea bargains, they are essential parts of the criminal law landscape. 

If you have been charged with assault, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law. 

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.