One of the most complicated areas of federal criminal law involves the federal sentencing guidelines. These are complex and technical – and they are also extremely important. They determine the possible range of punishments you could face if you are convicted or plead guilty to a federal crime.
Keep reading to learn how federal sentencing guidelines work and how a federal criminal defense attorney could help you reduce the time spent in prison. Call Chambers Law Firm at 714-760-4088 now for help.
How the federal sentencing guidelines work
Prior to 2009, federal judges were required by law to apply a sentence within a range that was specified by what’s known as the sentencing table. For example, if the sentencing table called for a sentence of between 40 and 52 months, the judge was required to give a sentence that fell between those two numbers.
As of 2009, those guidelines are just what they sound like – guidelines. The judge is able to deviate from them and assign more or less prison time based on their discretion. This makes it more important than even before to ensure you have a good criminal defense attorney who can make a strong case for a reduced sentence.
The federal guidelines are a table
The federal guidelines are a table with one side of the table representing the offense level. This begins at zero and can go up to 42 depending on how serious the charge is. For example, a more serious crime such as murder or homicide would have an offense level in the 30s or 40s.
The other side of the table represents the accused’s criminal history. If they have no criminal record then they would have a zero score. The highest possible score is a six. The judge looks at the offense level and lines it up with the criminal history level to get their sentencing range.
Here’s an example: if the offense level is relatively low, such as felony charge of possession of drugs (a 12) and there is no criminal record, the offender would have a sentencing guideline of between 12 and 18 months.
The guidelines are more complicated than they might seem
This might make the guidelines seem fairly straightforward but they are not, in part because there are many ways you can hurt yourself or help yourself. For example, if you were the leader of a series of drug sales then the judge can increase offense level because you were very involved in conspiracy. On the other end, if you were just making drug drops, your low-level involvement could earn a reduction in offense level due to being a minor participant or cooperating with the government
If you’re facing federal charges, call Chambers Law Firm so we can tell you what your possible sentences are and ways to reduce your risk, your offense level, and perhaps even get you a sentence that does not involve state or federal prison. Call us now at 714-760-4088.
