In general, federal crimes have harsher penalties than state crimes. They are usually more serious, and federal agencies like the FBI and the U.S. Department of Justice focus on cases that cause major harm to the public, businesses, or the federal government.
U.S. law lists many federal crimes. Each year, many criminal cases are brought in federal courts across the country. In order to help keep sentences fair and consistent, federal judges follow the Federal Sentencing Guidelines set by the U.S. Sentencing Commission. Call Aaron L. Wiley Law, P.C., today to discuss your case with an experienced federal criminal defense attorney.
Important Information about Federal Sentencing Guidelines
The Federal Sentencing Guidelines are hard to understand. The guidebook is very long and written in complicated language. This guide is meant to explain the most important parts in a simple way for people facing federal charges and their lawyers.
First, we’ll cover three basic facts about the Federal Sentencing Guidelines. These facts will help explain how the guidelines work, when they apply, and how someone convicted in federal court may be able to reduce their sentence.
Federal Sentencing Guidelines Are Not Mandatory
It is worth mentioning that judges are not required to strictly follow the Federal Sentencing Guidelines. They were mandatory in the past, but in 2005, the U.S. Supreme Court ruled that forcing judges to follow them could violate a defendant’s rights. Now, judges use the guidelines as a guide and can depart from them when appropriate.
If a federal judge gives a sentence that follows the Federal Sentencing Guidelines, the sentence is usually assumed to be reasonable. Appeals courts generally accept these sentences as fair, as long as the guidelines were applied correctly.
Federal Sentencing Guidelines are Complex and Detailed
The Guidelines Manual is very long and hard to understand, especially if you are not familiar with it. Even the sentencing table is complicated, with many rows and columns, and you must understand other parts of the manual before the table makes sense.
This is why guides like this are helpful. The Federal Sentencing Guidelines can be understood, but the full guidebook is too long and complicated for most people to read, including many lawyers.
The Guidelines Are Not the Only Rules That Set Federal Penalties
The Federal Sentencing Guidelines are not the only rules used to set penalties in federal cases. The sentencing table only covers prison time. Federal crimes can also include fines and other penalties, and many federal laws set maximum prison sentences.
To understand the possible sentence for a federal crime, you must look at the Sentencing Guidelines, the law that defines the crime, and sometimes other legal rules as well.
Important Elements of Federal Sentencing Guidelines
With this background, we can now look at how the Federal Sentencing Guidelines work during sentencing in federal cases. Below are some basic points that can help determine the possible sentence in a federal criminal case.
What Is the Base Offense Level?
The first point to be addressed is the base offense level. This is the jumping-off point for deciding the severity of a crime. The Federal Sentencing Guidelines use 43 levels, with lower numbers assigned to the less serious crimes and higher numbers for extremely serious crimes. Many white-collar crimes, like fraud, fall in the middle of this range.
Do Any Specific Offense Characteristics Apply?
After the base offense level is set, the next step is to see if any special factors apply that can change it. For example, in fraud cases, the amount of money involved can greatly increase the offense level. For example, fraud involving $50,000 or more can raise the offense level by six points. Larger fraud cases can increase the level even more and lead to much higher sentences.
Which Zone Does the Offense Fall Under?
The Federal Sentencing Guidelines group offense levels into four zones, called Zones A, B, C, and D. These zones help decide what type of punishment a person may receive, such as prison or other options.
- Zone A: No jail time; probation only
- Zone B: Probation or limited jail time, such as home detention
- Zone C: Some jail time followed by supervision
- Zone D: Jail or prison time only
Adjustments for Multiple Count
In many cases, federal prosecutors charge a person with several crimes. If the person is convicted of more than one charge, the guidelines tell the judge how to combine the charges to decide one overall offense level and sentence. The judge starts with the most serious crime for which the person was convicted. Then, the other, less serious charges are used to increase the sentence.
Are There Any Additional Adjustments?
Besides combining multiple charges, the Federal Sentencing Guidelines also require judges to look at other factors in some cases. These factors can raise or lower the final sentence. Examples include:
- Accepting responsibility: The sentence may be lower if the person admits wrongdoing
- Minor role: The sentence may be lower if the person played a small part
- Victim vulnerability: The sentence may be higher if the victim was especially vulnerable
- Obstructing justice: The sentence may be higher if the person interfered with the case
Is There a Criminal History?
A person’s past criminal record also affects their sentence under the Federal Sentencing Guidelines. The guidelines use six criminal history categories, and higher categories usually mean a longer sentence.
The Federal Sentencing Table
All of these factors are used together to decide a sentence under the federal sentencing table. Once the offense level, zone, criminal history category, and any increases or reductions are set, the table shows the possible sentence range. The judge then uses this information to decide the final punishment.
“Departures” from the Sentencing Guidelines
As explained earlier, since 2005, judges have not been required to strictly follow the Federal Sentencing Guidelines. After reviewing all relevant factors, the judge decides whether to follow the guidelines or choose a different sentence.
Can a Federal Sentence Be Reduced?
When you are facing federal charges, it is important to focus not only on fighting the charges but also on reducing the sentence. An experienced federal defense lawyer can use the guidelines and other laws to argue for a lighter sentence than what the guidelines recommend.
Talk to a Federal Criminal Defense Lawyer
Federal sentencing can be confusing, and the outcome can have a lasting impact on your life. If you are facing federal charges, contact Aaron L. Wiley Law, P.C. at (254) 566-3860 or fill out the contact form on our website to speak with a federal criminal defense attorney about protecting your rights and your future.