A charge bargain is when the defendant agrees to plead guilty to a lesser charge — or to one of several charges — in exchange for having the other charges dropped or reduced. This is a strategic move aimed at minimizing potential penalties and avoiding more serious convictions.



For example, someone initially charged with felony assault may agree to plead guilty to a misdemeanor assault if the prosecution agrees to drop the felony count. This type of bargain can greatly reduce sentencing exposure, eliminate mandatory minimums, or protect the defendant from long-term consequences tied to more serious offenses.

Key advantage: Charge bargains reshape the charges themselves — and in many cases, result in a cleaner criminal record and lighter punishment.

A sentence bargain doesn’t change the charges — instead, it focuses on what punishment the defendant will receive in exchange for a guilty plea. This type of bargain is often used when the defendant is willing to accept guilt but wants certainty or leniency in sentencing.

There are two typical approaches to sentence bargains:

• The judge agrees in advance to a specific sentence, which becomes part of the formal plea deal.
  
• The prosecutor agrees to recommend a specific sentence, but the judge retains discretion and is not bound to follow it.

Because judges are not always bound by the prosecutor’s recommendations, the success of a sentence bargain depends heavily on the judge’s practices and the local court culture.

Key advantage: Sentence bargains offer more control over the outcome — especially in cases where conviction is likely and the goal is to avoid the harshest penalties.

Whether a charge bargain or sentence bargain is more appropriate depends on several factors, including:

• The number and severity of charges
  
• The strength of the prosecution’s case
  
• Mandatory sentencing guidelines
  
• The willingness of the court to negotiate or accept recommendations

Your criminal defense attorney will analyze these variables to determine which type of plea bargain offers the best outcome in your case.

The Role of Pre-Sentence Reports in Sentence Bargains

Sentence bargains often intersect with pre-sentence investigation reports (PSIs), which are prepared by probation officers to give the judge background on the defendant. In some jurisdictions, these reports can influence — or even undermine — a sentence bargain if they include negative information or recommend a longer sentence than originally agreed upon.

Because of this, your attorney may seek to:

• Avoid a PSI altogether when the sentence is already agreed upon
• Stipulate facts in advance to avoid surprises
• Advocate for a specific approach to ensure the sentence bargain is honored



Takeaway: Sentence bargains carry more moving parts, and it’s essential your attorney navigates each step to protect your deal.

If the judge is not formally bound to the sentence bargain, they may impose a sentence different from the one agreed upon. This can cause serious complications — especially if the deal was the foundation for your plea.

Your attorney must ensure that:

• Any promises by the judge are put on the record
  
• You understand what happens if the judge rejects or deviates from the agreed sentence
  
• You retain the right to withdraw your plea if the sentence isn’t honored (in jurisdictions that allow it)

This is why judge participation is a critical component of many sentence bargains.

Choosing between a charge bargain and a sentence bargain is not a decision you should make alone — both carry legal consequences that can affect your freedom, your future, and your record. At the Law Offices of Pat Brown, we bring deep experience in plea negotiations and courtroom strategy. Whether we’re reducing charges or securing a favorable sentence, our team is here to guide you every step of the way. Don’t settle for uncertainty. Contact Law Offices of Pat Brown today to discuss your case, your options, and the type of plea bargain that gives you the best shot at a second chance.