Federal Sentencing
Guidelines
FEDERAL CRIMINAL DEFENSE
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There are a lot of details, factors, and pitfalls in the federal sentencing process. This is why it is so important to have a skilled and knowledgeable attorney at your side as soon as possible in order to avoid a conviction, or if a conviction occurs, to make sure you get the best possible result. Many attorneys would say that the most difficult and important part of most federal cases is the sentencing phase.
The federal sentencing process involves three components that follow a conviction:​
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1. A pre-sentance investigation ("PSR") report is prepared by the United States Probation Office. This report includes detailed information about the person being sentenced, the crime, and a recommendation of the guideline range (the lowest and highest periods of time that a person should serve).
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2. An opportunity to object to any findings in the PSR. This is often an overlooked but critical part of the process. Either the defense or the prosecution can object to facts or conclusions made in the PSR. Judges rely on the PSR when sentencing defendants.
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3. The sentencing hearing. This is an appearance in court where the defense and the prosecution can argue for what they believe is the correct sentence a defendant should receive.
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The guideline range is determined by two main factors - the seriousness of the offense and a defendant's criminal history. However, there are many, many facts, rules, and laws that also influence the guideline range and final sentence in a case.
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The sentencing table below sets out the two main factors that determine a defendant's guideline range. A guideline range is the lowest and highest number of months a judge should consider strongly and typically follows in reaching a final sentence.
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1. Offense Level (Vertical numbers at the left side of the chart below): The offense level relates to the severity of a crime. For example, certain low level theft charges might have an offense level as low as 6 while more serious felony drug offenses could have an offense level as high as 38.
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2. Criminal History Category: A person's criminal history category is determined by past convictions that occurred within the last 15 years (measured from the last day of incarceration or probation). Generally, each misdemeanor counts as 1 point and each felony counts as 3 points.
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As an example, a person convicted of a serious drug offense with an offense level of 32 who was convicted of 2 qualifying felonies in the past (in either state or federal court) would face a guideline range of
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Beyond the offense level and a person's criminal history, many other factors can increase and decrease a defendant's guideline range. Agreeing to plead guilty can significantly reduce a defendant's guideline range. On the other hand,
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If you would like to take a deeper dive into the federal sentencing guidelines, you can read Federal Sentencing Guidelines: The Basics here ('Basics' is a little misleading as the document is : 60 pages long):
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Again, the process is tricky and requires a skilled and knowledgeable attorney to navigate it to get the best result. Call The Evans Law Firm today if you or a loved one are facing federal charges and need knowledgeable help.
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