Do assault cases normally go to trial? Big question. Short answer: No. Most cases in Texas never reach that point. Community members and clients need to know why. Bad news first. Good news last.
Plea bargains account for the majority of outcomes.
Instead of a trial, plea bargains are more common. Around 98% of all Texas criminal cases are resolved through pleas.
A plea bargain is an agreement between the accused and the prosecution.
For example, the person charged will agree to plead guilty in exchange for a reduced charge or lighter sentence. Pleas are negotiated before the trial.
Prosecutors often use plea bargains to force individuals to accept shorter sentences rather than risk a trial.
So, let’s look at what’s on the table. A misdemeanor assault involves something like a shove during an argument or a minor injury that doesn’t require medical attention. If convicted, a misdemeanor can carry a sentence of up to a year in jail and fines of up to $4,000, per Texas Penal Code § 12.21–12.23.
Felony assault is where plea bargains start to look appealing.
Felony assault cases involve serious bodily harm, a weapon, or violence against a family member or public servant. A felony conviction can result in a prison sentence of 2 to 20 years.
Want to take five years now, or go to trial and risk picking up a twenty-year sentence? That’s the “choice” that prosecutors offer.
Let’s look at the three types of pleas.
1. Charge bargaining
Here, the charge is reduced to something less serious, for example, a felony to a misdemeanor.
2. Sentence bargaining
You plead to the same charge but with a lighter sentence.
3. Fact bargaining
This situation is rare, but sometimes the defense and prosecution agree on certain facts to be presented in court.
When does a plea bargain make sense?
With up to 20 years on the table for certain assault charges, a criminal trial is, of course, a daunting prospect to face for clients.
On our side, we’re aware that there’s a degree of uncertainty in every criminal trial, regardless of guilt or innocence. But let’s not jump to conclusions.
Is it better to take a plea bargain or go to trial?
Prosecutors may offer a deal of five years while warning that a conviction could result in twenty years if you’re facing a felony assault charge.
But when you take a plea, you waive your right to a trial and give up the chance to prove your innocence in court, and you still face consequences. It’s a system that’s heavily criticized by many legal scholars, who believe it serves the convenience of judges and lawyers rather than justice.
Texas does not have mandatory minimum sentences for most assault charges.
Many states have laws for mandatory minimums on assault charges, which require the judge to impose at least a certain prison sentence. Texas does not.
Without a mandatory minimum, it depends on the facts of the case. That’s why it’s important not to talk to the police and to tell us, your defense attorney, everything.
Judges have considerable discretion; they can impose lengthy prison sentences even if they don’t seem warranted or fair. So, you probably don’t want to take a chance on spending decades behind bars. That’s how the reasoning goes, and that’s why plea bargains are so prevalent.
Don’t want a plea or a trial? There’s a third option.
A skilled defense attorney looks for every possible way to have the case dismissed. Only if that isn’t possible will they consider a plea. But it’s important to act quickly. The best time to hire a lawyer is before charges have been filed.
The best way to keep clients and our team far from the forced choice of a plea bargain is simple: secure a dismissal.
We systematically shut down evidence and cast doubt on the case’s merits at the first hearing.
We’ll review police reports, witness statements, video footage, and, many times, the contents of your phone.
There are also defense strategies we can use at your first hearing. For example, Texas law allows individuals to use reasonable force to protect themselves. The state also allows individuals to fight if both parties agree in advance. If either defense applies, your lawyer can file a motion to dismiss.
And there’s room to negotiate with prosecutors.
If dismissal isn’t possible, we can negotiate the best terms possible. In some cases, you may still be able to avoid prison time. Anger management, community service, or deferred adjudication can keep you out of custody and with a conviction off your record.
95% of the assault cases handled by Gold Legal are dismissed.
At Gold Legal, PLLC, we work hard to help the accused avoid assault charges. And we’re successful at it: The vast majority of our assault cases result in a dismissal.
Contact us today for a confidential consultation.
— Kandi Gilder, Attorney at Law
