Would they make a deal on a domestic violence and rape case? 45 Answers as of July 03, 2013

First time the person committed a crime and I don't want to drop charges just lower the sentence. Is there a way I can make a deal?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You should hire an attorney to try to negotiate a favorable plea bargain. You will do better with an attorney.
Answer Applies to: New York
Replied: 10/31/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
There is always the possibility that there may be some type of plea-bargain reached between the prosecutor and defense. However, the prosecutor is not forced to make a plea-bargain offer. Whether one will be available and pursuant to what terms is a matter of negotiations between the prosecutor and defense. You should consult with an attorney to assist you with this matter.
Answer Applies to: Michigan
Replied: 8/31/2011
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
If the victim wants a reduced sentence, it won't hurt to make that known to the prosecutor. However, the prosecutor can only do so much. His or her recommendation will be bound by prosecutorial standards and sentencing guidelines. Obviously rape is a serious sex offense. The individual committing such an offense can expect prison upon conviction and will be required to register as a sex offender. He will also be required to undergo treatment.
Answer Applies to: Washington
Replied: 8/26/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
You should discuss this with the attorney you hire in this case. In many cases, a charge is reduced by virtue of a plea offer. However, it will vary by case and the facts in the case. More important are the consequences of the plea. If there is a registration requirement, then the plea may not be a favorable one.
Answer Applies to: Michigan
Replied: 8/25/2011
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
It sounds like you are the victim and not the defendant. If that is the case, you can certainly make your wishes known to the prosecutor. They should take your position into account. Don't forget, if you are the complaining witness and the state has no other evidence except your word that this happened, you have a lot if influence over the outcome of the case. You should speak to an attorney about your concerns. You need to be careful that you do not violate the law in trying to accomplish your goals as well.
Answer Applies to: Massachusetts
Replied: 8/25/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    No, as an alleged victim, you are in no position "to make a deal" as to the disposition of these charges. Such action would be solely up to the prosecutors in charge of prosecuting the defendant.
    Answer Applies to: Virginia
    Replied: 8/25/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Yes, hire a good defense attorney to work on your behalf. You are not legally permitted to communicate with the DA's office yourself.
    Answer Applies to: New York
    Replied: 8/25/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Talk to the prosecutor handling your case, you cannot make any deals, you are merely a complaining witness, and have no authority to reduce or drop charges, or recomment a sentence. That is entirely up to the prosecutor.
    Answer Applies to: Illinois
    Replied: 8/25/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    The prosecutor may seek your input with respect to plea negotiations.
    Answer Applies to: New York
    Replied: 8/25/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I have no idea as it depends upon the particular facts of your case and how aggressive the prosecutor wants to be. Domestic violence and rape are VERY serious crimes and very rarely do I see prosecutors "dealing" unless there are serious proof problems with their case. Talk with an attorney.
    Answer Applies to: Washington
    Replied: 8/25/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The prosecutor may take your wishes into consideration when deciding how to plea bargain the case. You should make an attempt to consult with the prosecutor or your attorney.
    Answer Applies to: Kansas
    Replied: 8/25/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    It is not up to you as the victim to decide what the charges or penalties should be. You can talk with the district attorney and tell him the facts and what you would like to happen and why. However, it will be up to the district attorney as to the filing and plea offer.
    Answer Applies to: California
    Replied: 8/25/2011
    Rose & Rose | Terry Rose
    Your question is impossible to answer. You should consult with the attorney that represents you in the case.
    Answer Applies to: Wisconsin
    Replied: 8/24/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The prosecution is the only person who can change the charge; the defense may make suggestions as to how they think the matter should be resolved. A victim can suggest to the prosecution what they would like to see happen in a case.
    Answer Applies to: Nebraska
    Replied: 8/24/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The only person that can offer a deal is the prosecuting attorney. If you have strong feelings about the case you should speak with the prosecuting attorney and/or assistant prosecutor handling the case.
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Any deals are up to the prosecuting attorney. You can call the prosecutor and tell them what you want to happen, but they do not have to listen to you.
    Answer Applies to: Washington
    Replied: 8/24/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Yes, there can be a deal as to the punishment as oppose to dropping the charges.
    Answer Applies to: Alabama
    Replied: 8/24/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    If you're the victim, you have no say in whether the charges are reduced. The case is in the hands of the District Attorney's Office now. I think all you can do at this point is make a statement.
    Answer Applies to: California
    Replied: 8/24/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    That is up to the prosecuting attorney. If he raped you, why do you want to reduce the charge. Sounds as if you need to get some therapy.
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Often prosecutors will offer plea agreements on such a case.
    Answer Applies to: Colorado
    Replied: 8/24/2011
    Russman Law
    Russman Law | Ryan Russman
    It is possible in every case to strike a deal/negotiated disposition with the state regarding virtually every type of case.
    Answer Applies to: New Hampshire
    Replied: 8/24/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    Different jurisdictions have different ways of negotiating sex cases. Some prosecutors are willing to negotiate on a case to spare an alleged victim the difficulty of testifying, other prosecutors try to manage heavy case loads through negotiation, and most prosecutors are willing to negotiate if there case has weaknesses.
    Answer Applies to: Washington
    Replied: 8/24/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Apparently you are the victim. The crime is not against you it is against the peadce and dignity of the State of Alabama. The District Attorney may and likely will consider your input into an appropriate sentence but the judge has the final say.
    Answer Applies to: Alabama
    Replied: 8/24/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    As a victim of a crime, you have a right to be notified of the sentencing hearing and to make a statement to the court regarding the sentence. I would recommend first contacting the prosecuting attorney before the sentencing hearing and express your concern that the sentence in the case be lowered. You may be able influence the prosecutor to offer a reduced sentence as a part of the plea bargain.
    Answer Applies to: Minnesota
    Replied: 8/24/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Are you the victim? The prosecutor has a duty to inform you of all proceedings and to seek your input, but the final decision will be up to the prosecutor. They almost always offer some sort of plea deal in terms of lowering the charges and/or agreeing to a sentencing cap in order to avoid going to trial and making you testify and to avoid clogging up an already crowded court docket. Tell the prosecutor how you feel and you also have a right to be heard at the sentencing hearing.
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    It all depends on all the firsts and circumstances of your case.
    Answer Applies to: New Jersey
    Replied: 7/3/2013
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    Once a person is charged with a crime, the victim becomes little more than a witness. You don't get to tell the state how to proceed. The best you can do is talk to the people in the District Attorney's office, tell them what you think should be done, and hope they listen.
    Answer Applies to: Georgia
    Replied: 8/24/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    My question is "Are you the victim?" If you are then talk with the prosecutor about your concerns. He will take them into account when dealing with the case.
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Only the State Attorney's Office has the ability to make a deal. In cases that involve rape, they tend to be sensitive to the feelings of the victim. You may contact the State Attorney and let them know your position, but it is ultimately up to them. Prior to making your position known, I suggest you seek out counseling. There are many reasons a deal may be cut. If you have a fear of testifying, this can be a valid reason. Because this person has no prior record may or may not be a good reason. You may be simply the first person who reported rape concerning this person. An individual who feels that rape is ok may rape again. I'm sure you are experiencing many emotions. Again, I urge you to seek counseling before making such a really important decision. Good luck.
    Answer Applies to: Florida
    Replied: 8/24/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Assault resulting in bodily injury is a class A misdemeanor which could result in up to 1 year in the jail and up to a $4,000 fine. Here is the statute on sexual assault: Sec. 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person: (1) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or (C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or (2) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force or violence; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.
    Answer Applies to: Texas
    Replied: 8/24/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    No one can know this information without actual knowledge of the case. This is something that must be answered by the attorney that is handling the matter.
    Answer Applies to: California
    Replied: 8/24/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    Not without the help of an experienced criminal defense attorney.
    Answer Applies to: California
    Replied: 8/24/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your summary indicates that you were raped and assaulted by a man and you want to "make a deal" and get your rapist a lower sentence. You can talk to the prosecutor and are entitled to address the court at his sentencing, but the sentence will depend on what he pleads to, his prior record, and what the prosecutor recommends. Either you are still involved or have feelings for the man you accused or you are not sure he actually raped you, since most rape victims want a long prison term. I hope you did not exaggerate or change the story you told the police to get even with a man who hurt your feelings. Rape is a serious charge and I hope that you told the police the whole truth since a man's life depends on it. If you are just looking to give your rapist a break you can tell the judge that you do not wish him to go to jail, but don't do it just because he talked you into it or because you want to get back together with a man if he really beat you and raped you. Please try to be honest with the court, yourself, and do what your heart tells you is right.
    Answer Applies to: New York
    Replied: 8/24/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Prosecutors weigh the strength of their case and the defendant's prior criminal history, if any, and make plea recommendations based on avoiding a trial. Usually a plea to lesser offenses will be offered.
    Answer Applies to: Washington
    Replied: 8/24/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    You can always "make a deal" depending on what the DA wiill settle for, and what the judge will accept.
    Answer Applies to: California
    Replied: 8/24/2011
    Michael J. Gardiner, Attorney at Law | Michael Gardiner
    As avictimyou can make yourfeelingsknown but the offense is also against the laws of the state and the state exacts a penalty based on it's interests in retribution, deterrence and the dictates of the statute violated, the sentencingguidelinesof the court, and the court's impression of the offender. But as you suggest, the prosecution and the defense can agree on a pleabargainsubject to court approval. As a defense attorney I have on occasion acknowledged theprosecution"offer" and still asked the court for more leniency, explained the supporting circumstances and gotten it.
    Answer Applies to: Rhode Island
    Replied: 8/24/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    Rape is a really serious offense no matter how many times it is done. A deal is possible, but no one should attempt to one of these without an attorney. The consequences include life in prison and lifetime probation or parole. Do not discuss any aspect of the case, allegation, relationship, where you were, etc with anyone other than a lawyer that knows how to defend these cases. Beware of the pre-text phone call where the victim calls and pretends to just want you to admit it. This phone call is being recorded by the police. It will be used against you. If you get such a call, listen, say nothing. If you say anything, it should only be "thats not what I remember about that day/night." But, it is best not to talk at all.
    Answer Applies to: Colorado
    Replied: 8/24/2011
    Lisa Mulligan Law Offices, LLC
    Lisa Mulligan Law Offices, LLC | Lisa Mulligan
    Prosecutors are usually willing to negotiate with the defense, especially in the beginning of a case, but it always depends on the strength of the State's case, the regular practices of the county you are in and the particular prosecutor handling the case, and other case specific factors. You should speak to your lawyer about your options. Good luck!
    Answer Applies to: Washington
    Replied: 8/24/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    The victim of an offense is entitled to give the prosecutor their input on how they'd like the case to turn out, but the 'victim' does not get to control the outcome of the case. Call the prosecutor + tell them what you want to see happen.
    Answer Applies to: Colorado
    Replied: 8/24/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Can the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No, the police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight. DV charges are vigorous prosecuted in CA. What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. The attorney will try to get a dismissal, diversion, reduction, or other decent outcome through plea bargain, using whatever facts and evidence is available, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 8/23/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    You can almost always make a deal.
    Answer Applies to: Florida
    Replied: 8/23/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Your question is worded to seem as though you are the victim in the case. If so, you should have input with the prosecutor as to what offers are made and as to what happens with the case. The prosecutor ultimately makes the final decision as to what is offered, but there are statutes to protect victim's rights, and a prosecutor should take into account what the victim in the case wants.
    Answer Applies to: Minnesota
    Replied: 8/23/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    That is a complicated question that depends on the evidence and issues in the case. If convicted of sexual assault there will be a standard sentence range.
    Answer Applies to: Washington
    Replied: 8/23/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Yes, a good criminal defense attorney should be able to deal that case.
    Answer Applies to: Oregon
    Replied: 8/23/2011
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