Although federal criminal prosecutions occur less frequently that state criminal cases, a federal conviction can lead to harsher penalties for the same conduct, compared to the sentences imposed by state criminal courts. Sentencing in federal criminal cases occurs under the U.S. Sentencing Guidelines, which provide federal district judges with recommended sentencing ranges and factors they can consider when evaluating whether to depart upward or downward from the recommended sentencing range. As a result, when you have a loved one facing potential conviction for a federal offense, they need a defense attorney experienced with the federal criminal justice system, including the process of sentencing in federal cases.
How Federal Sentencing Differs from State Court
The federal criminal justice system has several goals for sentencing for convicted defendants, including maintaining uniformity in sentencing between similarly situated defendants and fashioning sentences based on a defendant’s specific characteristics. Federal law also imposes mandatory minimum sentences for many offenses. Conversely, state judges may have broader discretion in sentencing a defendant for a state offense. Furthermore, federal sentencing frequently differs from state criminal cases as federal law may impose longer prison terms than state criminal laws for similar offenses.
The Role of the Federal Sentencing Guidelines
In federal criminal cases, district judges use the U.S. Sentencing Guidelines when determining a convicted defendant’s sentence. The Sentencing Guidelines provide recommended sentencing ranges based on the offense level for a defendant’s offense of conviction and the defendant’s criminal history. The Guidelines also provide various factors that judges can consider when evaluating other aspects of the sentencing decision, including whether to impose concurrent or consecutive sentences for defendants convicted of multiple offenses, whether to impose offense level enhancements or reductions, or whether to sentence above or below the Guidelines range.
Key Factors That Affect a Federal Sentence
Some of the primary factors that affect a federal court’s sentencing decision include:
- The nature and severity of the offense
- The number of victims
- Alleged loss amounts (for financial crimes)
- Drug type and quantities (for drug offenses)
- Aggravating factors, such as flight from law enforcement, hiding/destruction of evidence, or witness tampering
- Acceptance of responsibility or cooperation with law enforcement
- Prior criminal history
Mandatory Minimum Sentences and Their Consequences
Federal criminal law requires mandatory minimum sentences for some offenses or under specific circumstances. Mandatory minimums frequently apply in drug cases and in cases involving serious or violent offenses. Mandatory minimum sentences can constrain a federal judge’s sentencing discretion. For example, even though the Sentencing Guidelines may recommend a specific sentencing range, a judge cannot sentence a defendant within that range if it falls below the mandatory minimum sentence. Judges also cannot sentence a defendant below the mandatory minimum sentence even if numerous mitigating factors apply in a defendant’s case.
Why Sentencing Advocacy Begins Early
Having legal representation as early as possible in a federal criminal case can affect sentencing down the line should a defendant’s prosecution result in a conviction. Various strategic decisions during the criminal investigation and plea negotiations may influence a federal judge’s sentencing determination. For example, a defendant may receive a more lenient sentence for cooperating with federal law enforcement during its investigation or for accepting responsibility by pleading guilty. Even after conviction, defense counsel can draft sentencing memoranda to present various mitigating factors, such as family support, employment history, or medical issues that might make incarceration unsafe for a defendant.
Contact Our Firm Today
When a family member may face a conviction in a federal criminal case, having experienced legal counsel to advise them and advocate for their rights and interests can help pursue a more favorable outcome to their case. Contact Guest & Gray today for a free, confidential consultation with a federal criminal defense attorney to learn more about sentencing in federal cases and to discuss how our firm can help your loved one minimize the consequences of a conviction.
