The majority of assault charges can be resolved without going to trial. It is true even for felony sex crimes that involve lewd conduct and sexual assault. The court may dismiss the case due to a lack of evidence, or the police made a mistake in the arrest or investigation of the case.
There are cases, however, where assault charges are resolved through a process called "plea bargaining." While in Dallas TX, assault attorneys are always prepared to take a case to trial, you can also take advantage of plea bargaining. This process is beneficial in sexual assault cases.
Getting accused of a sex crime like date rape or solicitation can put a massive dent in your reputation and records when you are convicted as charged. Some negative consequences you may experience include paying a considerable fine, being imprisoned for years, or getting registered as a sex offender.
Consequences Of Sexual Assault Charges
Aside from those mentioned above, there are other “unofficial” consequences for those convicted of sexual assault. The accused may find it hard to get a job or be accepted by society even after release. It may also be difficult for them to find housing and get child custody or visitation. If they’re planning to pursue a career in the future, a criminal conviction may hold them back from doing so.
For that matter, the accused must work with trusted assault attorneys to defend them and ensure they won’t go through conviction. Going to trial is the common way to do that, but getting a plea bargain may be more advantageous for them.
Why A Plea Bargain May Be A Good Option
The prosecution of a criminal offense starts with the accused being charged with sexual assault. If they didn’t come to an agreement with the victim, the accused has a constitutional right to a jury trial and to be represented by his lawyer. If the jury deems the defendant to be not guilty, the court will present a judgment of acquittal and the case will be dismissed.
For someone who swears in truth that they are innocent of the crime, acquittal is the ideal outcome of the case. But that doesn’t happen for everyone. Juries would often see things from the victim’s point of view, not the defendant’s. The victims can make their testimony while the defendants don’t often testify in trials. Instead, they were given the right to remain silent and to refrain from self-incrimination.
So, if the jury inclines over the victim’s side of the story, the defendant may still receive a guilty verdict despite the vigorous cross-examination of their lawyer. Also, even if the defendant insists that it was a consensual act, if there is physical evidence presented, the court may interpret that the act was done against the victim’s will.
Advantages Of Opting For Plea Bargain
This is where the plea bargain comes into the picture. A plea bargain is the defendant pleading guilty to a lesser crime with a less severe sentence. These punishments may include less jail time or even just probation. This way, the accused will still get punished, but not as heavily as a sexual offender would get.
Now, to be eligible for a plea bargain, the court must agree that there are weaknesses in the case against the accused. Examples of these weaknesses include the adequacy of specific evidence or questionable credibility of the victim.
Acquittal is the ideal end goal for all defendants who are accused of a crime they didn’t commit. But, looking at a plea bargain as your option can be advantageous more than you expect. You just need a trusted Dallas TX assault lawyer who will stand by your side and search for ways to get the most positive outcome for your case.
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The Medlin Law Firm
2550 Pacific Ave #834
Dallas, TX 75226
(214) 888-4810