The vast majority of criminal cases in New York are resolved through plea agreements, not trials. Understanding how plea bargains work, what factors to consider, and how sentencing operates is critical to making informed decisions about your case.
This page explains plea agreements, how to negotiate favorable deals, sentencing considerations, and the differences between plea options in New York.
A plea bargain (plea agreement, or plea) is a negotiated settlement between you and the prosecution. Instead of proceeding to trial, you agree to plead guilty to specific charges in exchange for concessions from the prosecutor, such as reduced charges, reduced number of charges, sentence recommendation, or a cooperation agreement.
You admit that you committed the crime. A guilty plea constitutes a criminal conviction and becomes part of your permanent record. When you plead guilty, you waive your right to trial, admit to committing the crime, are convicted of the crime, and the judge imposes sentence. You cannot later claim innocence on appeal.
Once you plead guilty, withdrawing the plea is very difficult. You must show that you did not understand your rights, the plea was not knowing, voluntary, and intelligent, or something happened that was fundamentally unfair or unexpected. Courts are reluctant to allow guilty plea withdrawals, so never plead guilty unless you fully understand the consequences.
An “Alford” plea, sometimes called a “no contest” or nolo contendre plea in other jurisdictions means you do not admit guilt but accept conviction and punishment. It’s similar to a guilty plea but carries a legal distinction—you’re not admitting guilt in the traditional sense. The advantage is you don’t admit guilt (which can be advantageous in civil lawsuits). However, you are punished the same as if you pleaded guilty, and in many ways the conviction has the same effect. These types of pleas are almost never offered, especially where a victim is alleged to be involved.
A conditional plea allows you to plead guilty while preserving your right to appeal a specific issue (usually a suppression motion that was denied). If you win the appeal, you can withdraw the plea and proceed to trial on the original charges. These types of pleas are not very common.
Your attorney thoroughly reviews discovery, identifies strengths and weaknesses, and assesses trial risks. This helps you to understand what your risks are for proceeding to trial.
Sometimes the prosecutor makes an initial plea offer. Alternatively, sometimes your attorney will discuss with you the benefits of approaching the prosecutor first to request a plea. Back-and-forth negotiation occurs. Your attorney leverages strong defense positions (weak prosecution evidence, suppression issues, credibility problems) to negotiate favorable terms. Your attorney must review any plea offers with you, and s/he will try to form an opinion on whether any better plea offer can be achieved. There is no right to a plea offer, and the prosecutor is not required to make a plea offer that you agree with. Remember that in most cases a plea bargain is the result of both sides giving in a little: the prosecution doesn’t want an acquittal after trial, and the defense doesn’t want a conviction on all charges and a serious sentence after trial, so both sides try to find something that works for everybody.
Once terms are agreed upon, a written plea agreement is prepared specifying the charges you’ll plead to and what the prosecutor recommends.
In court, you enter your plea. The judge asks questions to ensure your plea is knowing, voluntary, and intelligent. You have the right to allocute—to speak and explain your position before sentencing.
The judge imposes sentence, typically following the prosecutor’s recommendation (though judges are not bound by it).
Unlike federal courts (which use mandatory sentencing guidelines), New York uses indeterminate sentencing, giving judges discretion within statutory ranges.
An indeterminate sentence gives you a sentence with a minimum and maximum (e.g., 5-10 years). You serve the minimum before becoming eligible for parole. A determinate sentence is a fixed sentence (e.g., 5 years flat), though this is less common in New York.
For each crime, New York Penal Law sets minimum and maximum sentences. The judge must sentence within these ranges. Judges have discretion, but cannot go beyond the statutory range without legal justification.
After serving your minimum sentence, you become eligible for parole—discretionary release by a parole board. Parole is not guaranteed, and you must convince the parole board you are rehabilitated and suitable for release.
After parole or release, you typically serve a period of supervision (2-5 years) where you must comply with conditions (reporting, drug testing, etc.). Violating PRS conditions can result in reincarceration.
Judges have broad discretion and may consider: severity of the offense, your criminal history (major factor), employment and family ties, community ties, victim impact, remorse, rehabilitation prospects, mental health or substance abuse issues, prosecutor’s recommendation, and presentence investigation report (PSI).
Your attorney should prepare a detailed sentencing memorandum highlighting mitigating factors that support a lenient sentence. This memo is submitted to the judge before sentencing and can significantly influence the sentence imposed.
Your attorney should advise you based on honest evaluation of the case strength, but the decision is ultimately yours.
Yes. Although rare, judges can reject a plea agreement if the terms are unreasonably harsh or lenient, or if the judge believes justice requires a different sentence. If the judge rejects the plea, you typically have the option to withdraw it and proceed to trial.
Do NOT sign or agree to anything you don’t understand. Your attorney must thoroughly explain all terms, consequences, and alternatives. Ask questions until you fully understand.
Yes, typically. However, if you reject an offer and then go to trial and lose, the prosecutor may make a harsher offer afterward. Sometimes the best offer comes early, so discuss with your attorney whether to accept or continue negotiating.
You can appeal the sentence on grounds that it was excessive or imposed in violation of law. However, successful sentence appeals are less common than conviction appeals. Your attorney should preserve appeal issues before accepting a plea.
Yes. In cases involving multiple defendants or criminal organizations, you can agree to cooperate (testify against others) in exchange for a reduced sentence. These agreements are called “cooperation agreements” or are made under CPL § 440.10.
Plea negotiations require strategic thinking and legal knowledge. An experienced attorney will provide honest case evaluation. Your attorney knows how to use defense strengths to negotiate better deals. Your attorney understands sentencing options and can predict likely outcomes. Your attorney has negotiation skill developed through experience with prosecutors. Your attorney prepares compelling sentencing memoranda. Your attorney protects appeal rights even in plea cases.
If you’re facing criminal charges and considering a plea, contact Parker MacKay to discuss your options. With extensive felony experience and appellate background, Parker MacKay will evaluate your case honestly and negotiate the best possible outcome.
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This page is for informational purposes only and does not constitute legal advice. Every case is unique. Consult with a qualified criminal defense attorney licensed in New York for legal advice on your specific situation.
Whether you are facing criminal charges, a complex business dispute, or need to protect a hard-won result on appeal, we bring the trial-tested experience your case demands.