Understanding how federal sentencing works can be overwhelming and navigating charges that could carry such severe consequences can feel downright staggering. That is why it’s so important to immediately enlist the help of a skilled to prepare for the road ahead. Federal sentences have followed the U.S. Sentencing Guidelines since 1984 in order to be more transparent and reduce inequalities within demographics and locations. These guidelines, which may seem harsh, allow both attorneys and defendants to estimate a general sentencing range if found guilty. Our criminal defense legal team has more than 60 years of combined experience with federal sentencing and has successfully handled over 10,000 cases. Speak to a criminal defense lawyer today at (314) 900-HELP.
Defendants can typically be convicted of a federal crime by a trial or plea deal. Once convicted, the federal sentencing guidelines serve as the framework that judges use to determine prison time, fines, or conditions placed upon release. Before the sentence comes down, typically a U.S. probation officer will prepare a detailed report, otherwise known as a Presentence Investigation Report (PSR).
What Does a Presentence Investigation Report Include?
The probation officer bases this off § 3552 and Rule 32(c) of the Federal Rules of Criminal Procedure.
U.S. Sentencing Guidelines Structure for Federal Cases
The United States Sentencing Commission (USSC) develops and updates the guidelines yearly. The guidelines work alongside federal laws that set mandatory minimum sentences for certain crimes. Some of the most common are:
In these cases, even if the guidelines suggest a lower sentence, the judge must follow the statutory minimum. Similarly, every offense has a statutory maximum sentence that cannot be exceeded, even if the guideline calculation is higher.
Offense Levels for Federal Cases
Every federal crime is given a base level sentencing number and that is the starting point for sentencing for that crime. This level is based on the type of crime, whether there were weapons or drugs associated with the crime, the defendant’s role in the crime, loss amount (in cases of fraud), obstruction of justice, and the acceptance of responsibility. Each of these factors higher or lower the “offense level.” For example, if you were convicted of planning and carrying out a robbery but you did not use a weapon, the charge would be calculated at a lower base offense level than if a weapon was used.
Previous Criminal History is Important in Federal Sentencing
Your sentencing range is affected by your past. Someone with no record of criminal endeavors would be assigned to a Category I out of VI (1 out of 6). Prior convictions would result in a higher category score, such as Category VI, meaning extensive criminal history.
Federal Sentencing Guidelines are Advisory
Between your final offense level score and your criminal history category, sentencing guidelines are produced which recommend a sentence range in months. For example:
Although your sentence may seem set in stone, since the 2005 Supreme Court case United States vs. Booker, these guidelines are advisory and may be offset by other statutory factors under 18 U.S.C. § 3553(a). An experienced federal criminal defense team on your side will argue for the best possible outcome.
Section 3553(a) Factors to Consider in Federal Sentencing Cases
Factors beyond a defendant’s offense level and criminal history that could be considered in federal sentencing include the need for punishment, deterrence, protection of the public, providing needed education or treatment, and avoiding unwarranted sentencing disparities. These departures and variances require the judge to provide a written explanation for the deviation. Some federal crimes have mandatory minimum sentences such as drug trafficking, firearm offenses, and certain fraud and child exploitation offenses.
How Your Attorney Can Help Your Federal Sentencing Case
While it’s true that the Federal Sentencing Guidelines have a huge impact in determining penalties, they also allow your federal criminal defense lawyer to develop the best strategy. Skilled Combs Waterkotte attorneys can negotiate charges that potentially reduce base offense levels, challenge the prosecution’s evidence, and secure reductions that may change the sentence by years!
Overall, federal sentencing can be quite complex to understand, and without a capable attorney, navigating it alone could cost you years of your life. Speak to a criminal defense lawyer today at (314) 900-HELP or visit us to ensure you get the best possible outcome for your case.
