Charge Reduction2026
Criminal Sale of a Controlled Substance
Felony Reduced; Probation Violation Dismissed
A Class B felony criminal sale charge was reduced to a misdemeanor and the probation violation was dismissed.
Nassau County Supreme Court
Criminal defense
Plea Deals and Plea Bargaining in New York Criminal Cases
Has the prosecutor made you an offer? Deciding whether to accept a plea is one of the most important choices in a criminal case. It can affect your freedom, your record, your job, and your immigration status for years. Most criminal cases in New York end without a trial, so how your plea is negotiated often matters as much as how your case would be tried.
Before you decide, you need to know what the offer really means, what could happen at trial, and whether a better result is possible.
What is a plea deal?
A plea deal, also called a plea bargain, resolves a case without a trial. Usually, the defendant pleads guilty to a less serious charge, or in exchange for a specific sentence. A negotiated resolution may include:
- a felony reduced to a misdemeanor, or a misdemeanor reduced to a non-criminal violation;
- dismissal of some charges;
- an agreed sentence, such as probation, a conditional discharge, a fine, or less jail time;
- treatment programs or alternatives to incarceration;
- youthful offender treatment for eligible young people.
Some outcomes require no guilty plea at all, such as an Adjournment in Contemplation of Dismissal (ACD).
Why plea negotiations are part of every case
Every offer must be shared with you. Your lawyer must promptly tell you about each offer and explain it.
The decision is yours. Your lawyer advises, but only you decide whether to accept a plea or go to trial.
Consequences reach beyond the courtroom. A plea can affect immigration, licenses, employment, and housing, so every offer must be reviewed for more than the sentence. immigration consequences of criminal charges
You can't judge the risk of trial without the offer in hand. The right choice comes from comparing the two.
When offers are made and how they change
At arraignment:
Lower-level cases sometimes resolve on the first court date. Don't accept without understanding the consequences.
Before indictment:
In felony cases, prosecutors may offer a reduced plea before going to a Grand Jury. This window can close quickly.
After discovery and motions:
Weak evidence or a successful hearing can lead to a better offer.
Close to trial:
Offers are often withdrawn or become less favorable.
The prosecutor isn't the only source of an offer. In New York, a judge may indicate the sentence they would impose if you plead guilty. Sometimes that is better than the District Attorney's offer. A plea to a reduced charge generally requires the prosecutor's consent, but an experienced defense lawyer knows when to seek a commitment from the court.
Understanding possible outcomes
| Outcome | Guilty plea? | Criminal record? | Sealing | Immigration risk |
|---|---|---|---|---|
| Dismissal | No | No | Sealed automatically | Generally none |
| ACD | No | No | Dismissed and sealed if not restored, usually after 6 months | Generally not a conviction |
| Violation (e.g., disorderly conduct) | Yes | No (not a crime) | Generally sealed | Can still count as a conviction |
| Misdemeanor | Yes | Yes | Clean Slate eligible after 3 years* | Depends on the offense |
| Felony | Yes | Yes | Clean Slate eligible after 8 years if not excluded* | Often serious |
Scroll the table to view all columns →
Clean Slate implementation is due by November 2027. This table is general information; results depend on the charge, your history, and your status.
10 questions to answer before accepting a plea
- What exact charge will I plead guilty to?
- What is the full sentence, including fines, surcharges, and conditions?
- What is the realistic sentence if I lose at trial?
- Will I have a criminal record, and can it be sealed?
- Could this affect my immigration status?
- Could it affect my driver's license, professional license, job, or right to own a firearm?
- What happens if I violate a condition?
- Am I giving up my right to appeal?
- Will the plea include an order of protection, restitution, or sex-offender registration?
- Has my lawyer reviewed all the evidence?
If you can't answer every question, you are not ready to decide.
Need help answering these questions? Call NYC: 718-368-2800 | Call Long Island: 516-505-2300
How we negotiate
Rovshan Sharifov and Michael Mullen are both former Nassau County Assistant District Attorneys. They know how prosecutors evaluate cases and decide what to offer. Mr. Mullen has tried more than 70 cases to verdict. Senior Associate Victor Shulov brings more than 16 years of criminal defense experience. He negotiates with prosecutors almost every day in courts across New York City, Nassau County, and Suffolk County, so he knows how offers are made in each courthouse and how to push for better terms.
Together, our attorneys combine a prosecutor's perspective, daily negotiating experience, and extensive trial experience. Prosecutors make better offers when they know the defense is ready to win at trial.
- We review the evidence before recommending any plea.
- We use legal issues as leverage, including problems with the stop, search, arrest, or charging documents.
- We build a mitigation package, which may include employment and education records, letters from family and community members, proof of treatment or counseling, and restitution. These materials give the prosecutor and judge reasons to offer a better outcome.
- We protect against collateral consequences, coordinating with immigration counsel when needed. Consultations are available in English and Russian.
Plea negotiations in practice
Charge Reduction2025
Leaving the Scene; Resisting Arrest
Misdemeanor Plea Structured to Address Immigration Consequences
Charged with leaving the scene of an accident causing injury and resisting arrest, the client pleaded to a misdemeanor structured with immigration consequences in mind, with a time-served sentence.
Brooklyn
View more case results. Prior results do not guarantee a similar outcome.
Common myths about plea deals
"The first offer is final."
Offers often improve as the defense develops the case.
"A violation has no consequences."
It is not a crime, but it can still matter for immigration and some licenses.
"If an offer was presented as the best available, it can't be improved."
An independent review may find issues worth raising.
"Pleading guilty ends everything."
Fines, probation, protection orders, and collateral consequences can last long after the case closes.
Practical answers
Frequently Asked Questions
Do most criminal cases end with a plea?
Can I reject a plea offer?
Can my case be reduced to a non-criminal violation?
Can the judge give me a different sentence than the plea promised?
Can I take back a guilty plea?
Is there plea bargaining in federal criminal cases?
Should I accept a plea if I am innocent?
Have an offer with a deadline?
Call before your next court date. Once a plea is entered, it is very difficult to undo. If you already have a lawyer, we can provide an independent second opinion.
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