Houston Felony Charges: When is a Plea Bargain the Smart Move?

 Posted on July 11, 2025 in Criminal Defense

A Houston man was arrested several days ago for carjacking an elderly woman. The man confronted a 93-year-old woman and fled in her SUV. A short police chase ensued on I-45, ending abruptly when the stolen vehicle overheated. The man was charged with evading police and unauthorized use of a motor vehicle.

Surprisingly, the man was not charged with carjacking, which is a much more serious criminal offense, involving the use of force or threat of force to take a vehicle from the person it belongs to while that person is present. Unauthorized use of a motor vehicle, also known as "joyriding," is a serious criminal felony offense in its own right.

You may wonder whether accepting a plea bargain is the right choice when facing a felony charge. While accepting a deal can result in reduced charges and/or lighter sentencing, not every plea deal will automatically be in your best interests. The decision to accept or reject a plea bargain depends on the strength of the prosecutor’s case and the evidence against you.

Fighting your charges in court may be the better long-term choice under some circumstances. Before you make such a potentially life-changing decision, it is extremely important that you speak to a knowledgeable Houston, TX criminal defense attorney.

Houston Felony Charges

Felony charges are the most serious types of criminal offenses, often involving violence, physical harm, or significant financial harm. The penalties for felony convictions can include prison sentences exceeding one year and substantial fines. Texas felonies are classified into five categories: Capital Felony, First-Degree Felony, Second-Degree Felony, Third-Degree Felony, and State Jail Felony (Section 12.04 of the Texas Penal Code). In addition to severe criminal penalties, felony convictions often result in long-term collateral consequences.

How Do Plea Bargains Work in the Justice System?

Plea bargains, also known as plea agreements, occur when a defendant agrees to plead guilty or no contest in exchange for specific concessions. A plea bargain avoids a trial, allowing both sides to reach a resolution more quickly and usually offers benefits to the defendant. The plea bargain process begins when the prosecutor and defense attorney (on behalf of the defendant) begin negotiations.

Charge bargaining occurs when the defendant pleads guilty to a lesser charge than the original charge filed. Sentence bargaining involves the defendant pleading guilty to the original charge, while the prosecutor recommends a reduced sentence, such as probation instead of jail time or the lower end of a sentencing range. Fact bargaining involves the defendant admitting to certain facts in exchange for the exclusion of others, which may impact sentencing or enhancements.  

The defense attorney will advise the defendant on whether this is a "good" plea deal and whether it should be accepted, but ultimately, the decision is up to the defendant. If no plea agreement is reached, the case goes to trial. It is worth noting that the judge ultimately decides whether to accept or reject a plea bargain. The primary downside to the plea bargain system is that an innocent defendant may feel pressured to accept a plea agreement to avoid the risk of a harsher sentence at trial.

Is Accepting a Plea Bargain Always the Smart Move?

If there is overwhelming evidence or strong witness testimony, then accepting a plea deal could be the best choice to avoid maximum sentencing exposure. A first-time offender or someone with a minor prior criminal history is more likely to be offered a good plea bargain. However, if any of the following are true, a plea bargain should probably be rejected:

• There is only circumstantial evidence, or the evidence is weak.
• There were procedural or constitutional violations during the search or arrest.
• Pleading guilty will have long-term, adverse impacts on employment or immigration status.

Contact a Houston, TX Criminal Defense Lawyer

If you are facing felony charges, do not make a life-altering decision without fully understanding your options. Consulting with a Houston, TX criminal defense attorney from Murphy & McKinney Law Firm, P.C. is the best way to ensure you make the right decision. Attorney Murphy serves as President of the Harris County Criminal Lawyers Association and on the Board of Regents for the National College for DUI Defense. Call 713-229-8333 to schedule your initial attorney consultation.