Reviewed on: February 19,2016

Do i take the plea for something i did not do or risk a trial?

I have turned down a plea bargain for a class b misdemeanor and turned down 2 plea deals on an agg. Assault with a deadly weapon. They offered me 7 years suspended on the last plea which I declined. No record, full employment, college degree. I turned them down as I did not do it and will never plead to something I did not do. The so called victim is a 9 time convict. 2 felonies and 7 class A misdemeanors. All of which he took a plea deal on. He said I pointed a gun at him which I did not. No witness no pictures, no video and the so called victim did not make the call to police a neighbor did a couple of hours later. My question is if I do get convicted which I am hoping not to but I have learned the law is not about truth recently. What sentence could I expect? It's in Denton county. And by me not taking the deal will I get a longer sentence because they don't like to try cases in Denton county as an example to others?

Asked: January 31,2016
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1
The general rule from the prosecution's position is they are not happy having to try any case, no matter the county or state. They want you to plead guilty and take what they offer which keeps their docket clean and they may remain lazy. If you want to fight back, they will fight dirty and if you lose they will try and get you the harshest sentence possible. A guilty verdict will most probably come with some state prison time. The charge is a serious one. We are not telling you this to take the plea, just be prepared. Also, if you are basing your decision and think there are no witnesses, you will probably find out that the person that called WILL BECOME an eye witness. They will play dirty. To win, you will need a VERY experienced trial attorney that knows the lawyers in the prosecutor's office and can rationalize with them. You cannot go to trial with a public defender, you will have literally no chance of winning. The gun issue is a very hot topic in this country and if your litigator cannot impeach the "victim" and the witnesses (that will come out of the nowhere) on the witness stand, then you should consider negotiating a result you can live with. If you own a gun, the other side will make a big deal out of it so be prepared for a lot of mystery evidence all of a sudden appearing. Also, a good lawyer might keep this out of the courtroom altogether with their guile and reputation (if you can afford one like this) because if the case is truly flimsy, the sharp lawyer will make them see this and think twice about trying it against them. The prosecution does not like to lose and they will back down if they do not think this is a slam dunk. The public defender has no clue of this angle and would be a colossal error to go there with one. But your defiance is not enough, you need a really great attorney to do your fighting for you.
Accepted Answer Date Created: February 01,2016

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