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Sentencing in federal criminal cases can be extremely complex, with judges relying heavily on Federal Sentencing Guidelines to determine appropriate sentences. As a defendant facing federal charges, having an experienced federal defense sentencing lawyer on your side is critical to advocating for the most favorable outcome possible.The Federal Sentencing Guidelines were created in 1984 in an effort to reduce disparities and bring some uniformity to federal sentencing across the country. They provide recommended sentencing ranges based on the defendant’s criminal history and details of the specific offense. While judges have some discretion, the guidelines hold significant sway.
Understanding how these guidelines work and all of the many factors involved requires specialized expertise. Federal defense sentencing lawyers devote their practices to navigating these intricacies in order to make the most persuasive case for their clients.
Key Factors Federal Defense Lawyers Consider
According to criminal defense lawyers on Reddit, some of the most impactful factors federal defense sentencing lawyers focus on include:
Defendant’s Criminal History
A defendant’s past criminal record significantly impacts where they fall on the sentencing guidelines chart. The less extensive a defendant’s prior record, the more sentencing options are available. An experienced federal defense sentencing lawyer thoroughly investigates a client’s background to paint the most favorable picture possible.
Mandatory Minimums
Certain federal offenses like drug trafficking, firearms violations, and child exploitation carry stiff mandatory minimum sentences that limit a judge’s discretion. However, federal defense lawyers work creatively to avoid the application of mandatory minimums when facts allow for it.
Sentencing Enhancements
The guidelines provide for increases in the sentencing range for certain aggravating factors. Common examples include the drug quantity in narcotics cases, a defendant’s role as a leader/organizer, or obstruction of justice. Skilled federal defense sentencing attorneys fight to prevent the inclusion of sentencing enhancements whenever plausible.
Sentencing Reductions
Conversely, federal lawyers also advocate for mitigating factors applicable to the case that can reduce the sentencing exposure. For example, a minimal role in the offense, diminished mental capacity, cooperation with prosecutors, acceptance of responsibility, and assistance to authorities.
Departures from Guidelines
While judges adhere closely to the calculated guidelines range, departures above or below the range remain possible in certain scenarios. Experienced federal defense sentencing lawyers are masters at developing creative, legally supported bases for departure motions.
Variances from Guidelines
Even when a departure is not viable, federal judges maintain the discretion to hand down a more lenient “variance” sentence outside the guidelines range by relying on other statutory factors. Qualified federal defense sentencing counsel artfully presents the most compelling grounds for variance.Defense lawyers on Avvo emphasize the importance of distinguishing between departures and variances, as it impacts the appellate standard of review.
Additional Federal Sentencing Considerations
Beyond the Federal Sentencing Guidelines, criminal lawyers on Quora note numerous other aspects federal defense sentencing attorneys address:
Plea Agreements
Most federal cases end in a negotiated plea deal where sentencing recommendations are included. Skilled federal defense lawyers leverage the most favorable recommendations possible.
Presentence Reports
Federal Probation prepares a detailed presentence report analyzing the defendant’s background and advisory guideline range. Defense lawyers carefully review it for accuracy and advocate for the most positive portrayal.
Sentencing Memorandums
These defense submissions summarize the applicable law, guidelines analysis, and other statutory sentencing factors in detail to persuade the judge regarding the appropriate sentence. They require expertise.
Letters of Support
Federal defense lawyers also collect letters from family, friends, employers, clergy, and other community members to give judges insight into the defendant’s good character to consider. These carry weight.
Sentencing Hearings
At the culminating sentencing hearing itself, federal defense lawyers have the opportunity to passionately argue all mitigating factors face-to-face to the judge. Preparation and presentation skills are vital.
Choosing the Right Federal Defense Sentencing Lawyer
As shown above, federal sentencing involves a multifaceted set of guidelines and policies requiring specialized knowledge and experience to navigate effectively. When facing federal criminal charges, securing an attorney with extensive practice in federal defense sentencing law is paramount.Key credentials to seek out include:
- Decades handling complex federal cases with sentencing expertise
- Strong grasp of the Federal Sentencing Guidelines and case law
- Creativity pursuing departures and variances
- Skill at negotiating plea agreements
- Record of persuading judges at sentencing hearings
- Knowledge of federal courts and key players
Don’t leave the outcome of your federal criminal case up to chance. Consult with a qualified federal defense sentencing lawyer to advocate for the most favorable result possible. The stakes are far too high to not have an expert in your corner. Reach out today to learn more about your best legal options.
Resources:
Overview of Federal Sentencing Guidelines