Federal Sentencing
Strategic advocacy for favorable sentencing outcomes in federal criminal cases.
Understanding Federal Sentencing
Federal sentencing is a complex process governed by the Federal Sentencing Guidelines, mandatory minimum statutes, and a growing body of case law. The sentencing phase of a federal case is often the most important, as the difference between effective and ineffective sentencing advocacy can mean years or even decades in prison. Our firm dedicates substantial resources to sentencing preparation and advocacy, treating every sentencing hearing as a critical opportunity to fight for our clients’ futures.
The Federal Sentencing Guidelines
The Federal Sentencing Guidelines provide a framework for calculating the recommended sentencing range based on the offense level and the defendant’s criminal history category. The offense level is determined by the base offense level for the crime of conviction, adjusted for specific offense characteristics (such as the amount of financial loss, the use of weapons, or the number of victims), role in the offense, acceptance of responsibility, and other factors. While the Guidelines are advisory rather than mandatory after the Supreme Court’s decision in United States v. Booker, they remain highly influential and serve as the starting point for every federal sentence.
Departures and Variances
Federal judges have the authority to depart from the Guidelines range based on specific factors identified in the Guidelines themselves, or to vary from the range based on the broader sentencing factors set forth in 18 U.S.C. Section 3553(a). These factors include the nature and circumstances of the offense, the history and characteristics of the defendant, the need for the sentence to reflect the seriousness of the offense and provide just punishment, the need for deterrence, the need to protect the public, and the need to provide the defendant with needed training or treatment. Effective sentencing advocacy requires presenting compelling arguments and evidence under these factors.
Our Sentencing Approach
Our sentencing preparation begins early and is thorough. We retain sentencing mitigation specialists to conduct comprehensive social history investigations, identifying factors such as childhood trauma, mental health conditions, substance abuse history, military service, and community contributions that can support arguments for a below-Guidelines sentence. We also challenge the Presentence Investigation Report prepared by the Probation Office, object to sentencing enhancements, and present expert testimony when appropriate.
Whether you are facing sentencing after a guilty plea or a trial conviction, our firm will fight for the most favorable sentence possible. Federal sentencing is too important and too complex to leave to chance.
Potential Penalties
| Offense Level | Penalties |
|---|---|
| Guidelines Range | Calculated based on offense level and criminal history (0 months to life) |
| Mandatory Minimums | Statutory minimums that the judge cannot go below (absent exceptions) |
| Supervised Release | 1 to 5 years following imprisonment (up to life for sex offenses) |
| Restitution | Mandatory in fraud and other cases; can reach millions of dollars |
Defense Strategies We Use
The Federal Criminal Process
Understanding what happens next is critical. Here is a step-by-step overview of the federal criminal process — and where an experienced attorney can make the biggest impact.
Investigation
Federal agencies (FBI, DEA, IRS) build a case. You may not know you're under investigation. Early attorney involvement can make a critical difference.
Grand Jury
A federal grand jury reviews evidence and decides whether to issue an indictment. This happens in secret — you won't be present.
Indictment
Formal charges are filed. The indictment outlines each count and the statutory penalties you face.
Arraignment
Your first court appearance. You enter a plea (typically not guilty), and bail conditions are set.
Discovery
Both sides exchange evidence. Your defense team reviews thousands of pages of government documents, wiretaps, and financial records.
Pre-Trial Motions
Critical phase where your attorneys file motions to suppress evidence, dismiss charges, or compel disclosure.
Plea Negotiations
Most federal cases resolve through plea agreements. Your attorney negotiates for reduced charges or sentencing concessions.
Trial
If no plea is reached, the case goes before a jury. Federal trials are typically shorter but more intense than state trials.
Sentencing
The judge considers the Federal Sentencing Guidelines, your criminal history, and mitigating factors to determine your sentence.
Appeal
If convicted, you have the right to appeal to the Circuit Court. Appeals focus on legal errors, not factual disputes.
Frequently Asked Questions
Todd Spodek in the Media
Watch our managing partner discuss criminal defense strategy on major news networks.
Sentencing Calculators for Federal Sentencing
Recent Articles: Federal Sentencing
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