Your Client Was Involved in a Fight That Left the Victim

Your client was involved in a fight that left the victim in a coma. You negotiated a plea bargain resulting in a five-year jail sentence for your client. Eighteen months after the incident, the victim dies. Now prosecutors are charging your client with murder. What should you do?

A) Argue that the prosecutor has to stick by the plea agreement.
B) If you are in a state where the Year and a Day Rule is in effect, argue that it precludes your client being charged for murder.
C) Renegotiate the plea agreement.
D) Ask for a new trial on the murder charge
E) None of the above.