Legal Question in Constitutional Law in Texas

It is often quite sensible � indeed, wise � for defense counsel to ask a jury to convict his client. For example, if the client is facing a serious charge, his lawyer might ask the jury to convict him of a lesser charge instead. That's especially likely if the evidence is strong and the jury is unlikely to acquit completely. This strategy also sometimes makes sense if the client's guilt is clear and counsel fears the jury will impose a harsher sentence if he alienates them by making an implausible argument for acquittal.

Your question asks whether it is *necessarily* wrong for a defense lawyer to do this. The answer to that question is no. Whether it was a wise strategy in a particular case will depend upon the specifics. If it was clearly unwise � in other words, if no reasonable, competent defense attorney would have done the same thing � then the defendant may be able to argue ineffective assistance of counsel in a petition for habeas corpus.