Should You Take a Plea Deal or Go to Trial?
A Tucson Criminal Defense Attorney’s Perspective on Sentencing, Strategy, and Strength
By Amanda Bynum, Pima County Criminal Defense Attorney
One of the most important — and difficult — decisions you’ll face in a criminal case is whether to take a plea deal or go to trial. As a Tucson criminal defense attorney, I have these conversations with clients every single week. They’re not easy. And they shouldn’t be.
For many people charged with a crime in Pima County, the first thing they want to know is: “Will you fight for me?”
And the answer is yes — absolutely. I fight hard for my clients. When a case needs to go to trial, I prepare with intensity and purpose. When there’s a constitutional violation, I file the motion. When the State’s case is weak, I challenge it.
But fighting also means fighting smart. It means knowing when to strike and when to negotiate. It means understanding both the strengths and the weaknesses in your case — and making decisions with eyes wide open. I believe in client empowerment, not pressure. And the truth is, a plea deal is sometimes the path to the most just, humane, and realistic outcome.
In this post, I want to break down the factors that go into this decision — not from a position of fear, but from one of clarity. We’ll talk about how sentencing guidelines work in Arizona, how plea deals can reduce or eliminate charges and enhancements, and how this process fits within a client-centered, therapeutic approach to the law.
Why People Want a Lawyer Who Fights
The desire to be defended aggressively and fearlessly is real. Many of my clients feel misunderstood, mistreated, and judged — often before they’ve even stepped foot in a courtroom. They want someone in their corner who believes in them, who will stand up for them, and who won’t back down when the government gets it wrong.
That’s valid. And as your defense attorney, it’s my job to provide that fierce advocacy — especially in cases where the facts are disputed, the law is questionable, or the system needs to be challenged.
But we also have to understand the full picture. Fighting just to fight — without a strategy — can lead to disastrous consequences. If we go to trial without fully assessing the risks, we can end up with a worse outcome than if we had taken a fair, negotiated deal. Part of my job is to help you know your case. Not just what we want to believe, but what we can prove, what we can argue, and what a judge or jury is likely to do.
A Therapeutic Approach to Criminal Defense
Criminal court is not just about the legalities — it’s also about what it does to you. The stress, uncertainty, and fear that come with an open criminal case can be overwhelming. You may lose sleep, lose income, even lose hope.
That’s why I approach defense work through a lens of therapeutic jurisprudence. That means we look at how the law impacts your mental and emotional well-being — not just your criminal record. It’s not a soft approach. It’s a smart, compassionate, client-first approach.
For some people, the trauma of going through a trial would outweigh the potential benefit. For others, pleading guilty — even with a favorable deal — would feel like a moral defeat. There’s no one right path. The goal is to help you find your right path, based on strategy, facts, and what you need to move forward with your life.
How Sentencing Guidelines Work in Arizona
In Arizona, criminal sentencing is governed by a structured set of guidelines that vary by the class of felony, your prior record, and the presence of any aggravating or mitigating factors.
Every felony offense is assigned a sentencing range. For example, a Class 4 felony might carry a presumptive sentence of 2.5 years, but the actual sentence can fall anywhere from 1 year (mitigated) to 3.75 years (aggravated), depending on what’s presented at sentencing.
If you have prior felony convictions, you’re likely to face enhanced sentencing ranges — sometimes with mandatory minimums that take probation off the table. If your case is labeled as a dangerous offense (often because a weapon or serious injury is involved), the judge may have no choice but to impose prison time.
This is why plea negotiations are so critical. A well-structured plea deal can significantly reduce your exposure by eliminating priors, removing the dangerous designation, or reducing the class of felony itself.
How Plea Deals Can Change the Entire Outcome
Many people think of plea deals as “giving up.” That’s a myth. A good plea agreement can be one of the most strategic moves in your defense — and sometimes the only way to secure an outcome that keeps you out of prison, avoids a felony record, or protects your job, housing, or immigration status.
Let’s say you’re charged with a Class 4 felony aggravated assault. You have priors on your record, and the State is alleging it to enhance sentencing. If you go to trial and lose, you could be looking at 6+ years in prison.
Now imagine the prosecutor offers a deal to plead to a Class 6 undesignated offense with no prior felony allegations and probation eligibility. That’s not giving up. That’s protecting your future.
Plea offers often drop the class of the felony, remove prior allegations, dismiss additional charges, or agree not to seek prison. In some cases, they convert a prison-mandatory case into a probation-eligible one. That’s a huge deal — and often the difference between rebuilding your life or being pulled deeper into the system.
Stipulated vs. Open Pleas
Not all plea deals are created equal. Some plea agreements are stipulated, meaning both sides agree in advance to a specific sentence. For example, “probation with 30 days jail,” or “2 years flat prison.”
With a stipulated plea, you know exactly what will happen. No surprises. No unknowns. This level of certainty can be incredibly important, especially if you’re managing health conditions, family obligations, or immigration issues.
Other plea deals are open, meaning the parties agree to the charge and the possible sentencing range, but the judge decides the actual sentence. These are more common in cases where both sides want to argue for their preferred outcome. The prosecutor might ask for 6 months in jail, while we argue for no jail and straight probation. The judge listens to both sides, considers the evidence and arguments, and makes the final call — within the limits of the plea.
Whether to seek a stipulated or open plea depends on your priorities, the judge assigned to your case, and the strength of the arguments we can make in mitigation.
Trials: High Risk, High Reward
Now let’s talk about trials. Trials do have one big upside: if you win, you walk. No conviction. No sentence. Your record stays clean.
But the risks are real. When you go to trial, you lose the protection of a plea deal. All the charges, all the enhancements, all the prior allegations — they come back into play. And if the jury finds you guilty, the sentencing options narrow. Judges often have far less flexibility after a trial conviction.
I’ve had clients go to trial and win big — outright acquittals. I’ve also had clients who were convicted and ended up with prison time they could’ve avoided. These are not easy outcomes to face.
That’s why I work hard to make sure every client knows what’s at stake. I don’t push anyone into a deal. But I do make sure you fully understand what the prosecutor is offering and what the likely outcome would be at trial. Once you know that, you’re in a position to make the choice that’s best for you.
What Judges Consider at Sentencing
If your case ends with an open plea — or a trial conviction — the judge will conduct a sentencing hearing. This is where we present mitigation — the full picture of who you are, not just what the charges say.
Mitigation can include:
Lack of prior criminal history
Mental health struggles or trauma
Participation in treatment or counseling
Community support or employment history
Contributions to your family or society
Efforts to make amends
Judges in Pima County have discretion — within the sentencing range — to consider these factors and impose a fair sentence. But they can also weigh aggravating factors, like injury to the victim, use of a weapon, or commission of the offense while on probation.
This is why it’s so important to have a defense attorney who prepares for sentencing as thoroughly as they would for trial. A strong mitigation presentation can dramatically change the outcome — sometimes turning a prison recommendation into a probation sentence.
You're the One Who Decides
Ultimately, the decision to accept a plea or go to trial belongs to you. Not your attorney. Not the judge. Not the prosecutor.
My job as your Tucson criminal defense attorney is to give you all the tools you need to make that decision — honest case analysis, clear explanations of your options, and aggressive advocacy whether we’re negotiating or going to trial.
Some clients come to me ready to fight, and that’s exactly what we do. Others are overwhelmed and want the quickest, safest way out of the system. My role is to support both with integrity and without judgment.
Final Thoughts
Facing criminal charges in Pima County is scary — and the system doesn’t make it easy to understand your options. But you do have options. You have rights. And with the right strategy, you can make informed choices that serve your future, not just your fear.
A plea deal is not a failure. A trial is not a guarantee. Every case, every client, and every decision deserves thoughtful analysis, not knee-jerk reactions.
If you or someone you love is facing charges and needs guidance from a criminal defense attorney who will fight when it’s time to fight — and negotiate when it’s time to protect — reach out. I’m here to listen, explain, and advocate for you.
Amanda Bynum is a Tucson Criminal Defense Attorney representing clients in Pima County charged with DUI, assault, drug offenses, domestic violence, and other criminal charges. She provides personalized, strategic representation focused on justice, client dignity, and long-term outcomes. Contact her office to schedule a consultation.
