Legal Question in Criminal Law in Texas

What are the chances of a plea bargain agreement lessening level of a Felony offense committed to a misdemeanor? Let's say someone commits a Felony a few months back, but the law changed in those few months and that Felony is now a Misdemeanor. Would it be very likely, under those circumstances, that a plea bargain agreement would settle the crime as a misdemeanor?

sorry for the complex question... im curious haha :)


Asked on 9/25/11, 4:18 am

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

This is one of those things that depends upon the facts, the prior criminal record, and the relationship between your defense attorney and the prosecutor. However, it is possible.

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Answered on 9/25/11, 7:54 am
M. Elizabeth Foley The Law Office of M. Elizabeth Foley

There wouldn't be any kind of obligation on the part of either the prosecutor or the court to reduce such a case, but I'd say the change in law is a very good argument to make in favor of a reduction. As long as the facts aren't too bad and the prosecutor's in a mood to compromise, it certainly could work out that way. Good luck!

I'm curious what the offense is--I'm probably just drawing a blank here, but all that's coming to mind that we changed that way this time is the whole "sexting" thing. If that's the case, then yes, I'd say it's pretty likely that the prosecutor would be willing to reduce the charge, since the whole point of the legislative change was that there were a bunch of kids who could be charged with felony child pornography offenses that really weren't appropriate under the circumstances.

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Answered on 9/25/11, 8:02 am


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