A Look At Federal Sentencing Guidelines
Federal criminal charges are tough. The complexities of Federal Sentencing Guidelines don’t make things any better. Understanding these guidelines is important and can make a huge difference in how any sentencing is applied.
Let’s review how an experienced federal criminal defense lawyer can help with this intricate process.
If you need to talk with an experienced criminal defense lawyer about a federal case, we’re here to provide the legal counsel you’ll need. To get started, contact our law offices today at 281-280-0100. Schedule your free case review today.
Federal Sentencing Guidelines: A Quick Review
Federal Sentencing Guidelines are administered by the United States Sentencing Commission. It’s basically a set of rules that federal judges follow to determine appropriate sentences for individuals convicted of federal offenses. The purpose of these guidelines is to ensure fairness in sentencing.
For more information, see Title 18 of the United States Code.
Base Offense Level and Specific Offense Characteristics
Each crime is assigned a base offense level. This level can be adjusted based on the characteristics of the offenses. Examples of “characteristics” could be the use of a weapon or the amount of any financial losses suffered by the victim.
A higher base offense level typically results in a longer sentence.
Criminal History Category
A defendant’s prior convictions are considered during the sentencing process. Federal Sentencing Guidelines categorize criminal history into six categories. More prior convictions generally lead to a higher criminal history category, which can increase your sentencing range.
Why It’s Smart to Have a Defense Lawyer
Applying a defense strategy that considers Federal Sentencing Guidelines is not something you should do alone. Below, we’ve outlined a few ways that our experienced federal defense lawyers can help.
Expert Analysis of the Guidelines
As defense attorneys who specialize in federal defense law, we have a deep understanding of the guidelines. We have experience interpreting complex statutes. It’s our goal to make sure that you understand the charges against you and the potential penalties. This is very important for establishing the basis of a defense strategy.
Challenging the Base Offense Level
We’ll argue for a lower base offense level by challenging the prosecution’s interpretation of the offense. It’s not uncommon for us to find inaccuracies in the prosecution’s case. If we’re successful, and we usually are, we can petition the court to reduce your sentencing range.
Mitigating Specific Offense Characteristics
If we’re representing you on your federal charges, we’ll take a detailed look at the specific offense characteristics to identify potential mitigating factors.
For example, if you’re charged with a financial crime, we might argue that the actual loss was less than what the prosecution claims. If the court agrees, it can mean a reduction in your offense level.
Reducing the Criminal History Category
If you have prior convictions, we can look for opportunities to minimize the potential it’ll have on you. We may go as far as challenging the validity of previous convictions to put the wind at your back. We might also argue that certain convictions should not count toward your criminal history category.
Each situation is different.
Remember, this page is just for informational purposes. If you have questions about your situation or that of a loved one, call us.
Strategic Defense Planning
A comprehensive defense strategy goes beyond just understanding the guidelines. We’re fighters and prefer to work on beating the federal charges outright. We take numerous steps in the process of defending our clients. Let’s review a few.
The Evidence Investigation
Tad Nelson & Associates’ attorneys & investigators will gather all the evidence relevant to your case. Evidence may include documents, digital records, and witness statements. Preserving evidence can help us in fighting the DOJ’s case against you.
Negotiating Plea Bargains
In many federal cases, negotiating a plea bargain is the ultimate strategic move. Let’s face it, the feds win 90% of their cases. Plea deals are always on the table.
A plea bargain might involve pleading guilty to a lesser charge. This means a reduced sentence. If applicable & beneficial to you, we’ll negotiate with the DOJ to secure the best possible deal for you.
Preparing for Trial
If your case goes to trial, a solid defense strategy will be of the utmost importance. We’ll put in the effort to choose the right witnesses, prepare cross-examinations, and present compelling arguments to the jury.
We’ll do everything in our power to cast doubt on the government’s case to secure a favorable outcome for you.
Taking Advantage of Federal Laws
Leveraging federal laws can make a significant difference in your case. Here are some key statutes and how they might be relevant:
18 U.S.C. § 3553(a)
This statute requires judges to consider various factors when determining a sentence. Judges must consider the circumstances of the offense, the characteristics of the defendant, and the need for the sentence to promote respect for the law. Houston federal criminal defense attorney Tad Nelson will use these factors to argue for a reduced sentence.
18 U.S.C. § 3582(c)
This section allows for the modification of a sentence when new evidence is discovered or if the sentencing guidelines have been retroactively amended. We’ll petition the court for a sentence reduction if applicable.
Leveraging Sentence Reduction Options
As a seasoned legal team, we know of various mechanisms that can lead to reducing penalties following a conviction. Let’s review a few.
Downward Departures
We might argue for a downward departure. This is a reduction in your sentence based on mitigating circumstances not adequately considered by the guidelines. This could include your minor role in the offense or extraordinary family circumstances.
Obviously, we’ll need a compelling argument backed by verifiable facts to have a chance at making this strategy work. However, if the situation is right, we’ll push for a sentence reduction on these grounds.
The Safety Valve Provision
For certain non-violent offenses, we can invoke the Safety Valve Provision. This allows the court to impose a sentence below the mandatory minimum if you meet specific criteria. Some factors that can help you qualify are having a minimal criminal history and cooperating with the government.
We don’t advise our clients to become snitches. That’s a decision you’ll have to make on your own. The 5th Amendment protects you from being your own worst enemy. We advise you to use it. Again, each person’s circumstance is different. You have to do what’s best for you.
Need A Lawyer for a Federal Case?
Call Texas-Based Federal Defense Lawyer Tad Nelson Today!
As we said earlier, federal cases are tough. However, with the right legal representation, Federal Sentencing Guidelines can work for you.
At Tad Nelson & Associates, we come to the fight with the knowledge, experience, and dedication you’re going to need. It’s our job to create an environment for the best possible outcome to come to fruition.
Attorneys Tad Nelson and Amber Spurlock head up our legal team. We have unparalleled experience helping our clients in federal criminal courts here in Texas and throughout the nation.
If you’re in the Greater Houston area or elsewhere in Southeast Texas and need to discuss legal representation for a federal case, you are welcome to contact us at 281-280-0100.
Getting to know Tad Nelson
A criminal law attorney with a strong reputation in the legal community can influence the outcome of your case. At Tad Nelson & Associates, we have numerous 5-star reviews and an unblemished record with the State Bar of Texas and the Federal Bar Association. Tad has appeared on numerous national news outlets as a resource for legal insight for various high-profile matters of the day.
When we’re on your side, credibility and trustworthiness are your defense team.
