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Factors That Cause Long Prison Sentences in a Federal Case

March 21, 2024 Uncategorized
Factors That Cause Long Prison Sentences in a Federal Case

What Factors Can Lengthen Your Prison Sentence in a Federal Case?

If you are dealing with a federal criminal charge, your trial is about more than just proving your innocence. The trial can also be a great time to argue for why you do not need a lengthy prison sentence. Though federal crimes might have suggested sentencing guidelines, there is still a lot of variation in sentences. Here are some of the most common factors that cause lengthy prison sentences.

The Type of Crime

The United States Sentencing Commission assigns a base offense level to every standard crime. This offense level goes up to 43, with higher numbers being more serious. Therefore, the type of crime you are charged with has a huge impact on your sentencing. If you commit a crime with a high base offense level, such as kidnapping, then your prison sentence will automatically be higher.

This is why so many plea deals focus on recategorizing your crime. For example, your lawyer might negotiate your charges down from second-degree murder to manslaughter. If you are charged with the more severe version of the crime, the federal government tends to give you a lengthier prison sentence.

The Severity of the Crime

The court can further increase your sentence based on the individual nature of your crime. They may take into account things like how many people were harmed and how egregious your behavior was. This type of aggravating factor is often a matter of perspective. Depending on the situation, your lawyer might help you explain that your behavior was not as bad as it first seemed to be.

However, there are a few situations where the severity of your crime is automatically considered worse. Things like harming children or other vulnerable people may result in more prison time. Taking on the leader or planner role in a crime will also further increase your sentence. Finally, taking intentional steps to obstruct justice will lengthen your sentence.

The Likelihood of Re-Offense

Often, long prison sentences are about protecting the public. If the court thinks that a criminal is likely to harm others, they might select a lengthier jail sentence. This gives the criminal more time for rehabilitation, and it reduces the time they have to commit more crimes after they get out of jail.

Determining how much risk a person is to the general public can be tricky. The court will usually look at the situation and the criminal’s history. For example, consider two people charged with first-degree murder. One tracked down the lover of their spouse and killed them as revenge, while the other selected a random victim and killed them for fun. The court might feel like the second perpetrator displays underlying mental viewpoints that may make them more likely to kill in the future.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Your Criminal History

Due to concerns about re-offending, the federal government will closely examine your criminal past. Having a past history of severe crimes will increase your prison sentence. Especially if you have committed the same exact crime in the past, you are likely to face a long prison sentence.

Your current criminal history also matters. If the case involves multiple counts of the same activity, you can end up with a longer prison sentence. For example, a person convicted of defrauding 50 investors may go to jail for longer than someone who defrauded two investors.

Your Attitude

Did you know that how you behave in court can end up impacting your sentence? The court is allowed to give you a longer sentence if they think you are not accepting responsibility. This is legal because the underlying idea is that those who do not accept responsibility or admit guilt are more likely to reoffend.

Things like truthfully admitting your role in the crime and pleading guilty right away may help to reduce your prison sentence. Furthermore, apologizing and making restitution to the victim before there is even a guilty verdict can help to shorten a sentence. Meanwhile, someone who lies about obvious facts and refuses to admit any wrongdoing may face a longer sentence.

Ultimately, if you want a shorter prison sentence, you need talented legal representation. A good attorney can argue that justice would not be served by giving you a lot of jail time. Explaining mitigating factors in your case may be able to reduce your risk of a long prison sentence.

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CLAIRE BANKS

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RAJESH BARUA

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