Your lawyer can make any offer you want but this is not the place to seek advice on such an important situation. You are talking about having a felony record for life and likely having to register as a sex offender. You need to go to your lawyer's office and go over the DA's case in great detail. Is there anything to corroborate the 6 year old's account of what took place? There are so many questions to ask you.
I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
An experienced attorney can assist you in trying to work out a plea deal. He also can evaluate the case to dexcide whether you would be better off going to trial. The plea you were offered leaves you with a felony record and permanent place on the predators list.
I assume you have an attorney. If you are telling him you are innocent, he has a problem of making a counterproposal in which you will admit guilt on the record and go to jail/prison, don't you think?
If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
From the way your question is written it seems that you might be communicating with the District Attorney’s Office directly. This is a terrible idea.
An experienced criminal defense attorney will be able to have much more meaningful discussions with the DA to try and work out a plea deal. They will also be able to guide you as to whether or not you should plead guilty or take the case to trial.
If you cannot afford an attorney you can [and should] ask the Court to provide one for you. You have the constitutional right to counsel and you need one in this case. Do not contact the DA’s office on your own again under any circumstances.
You have asked a very complicated question without many facts. You need to consider all the facts and circumstances of your case before you make a decision on a plea. The short answer to your question is that yes you can make a counter-offer. You need an experienced attorney to deal with this matter as you could be convicted of a violent felony offense and spend a substantial amount of time in state prison if your negotiations and/or the trial do not go well.
The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.