Blog
Wyoming Child Pornography Defense Lawyers
Contents
Federal Defense Sentencing Lawyers – An Overview
If you or a loved one have been charged with a federal crime, having an experienced federal defense sentencing lawyer on your side can make all the difference when it comes to the outcome of your case. Sentencing advocacy is a critical yet often overlooked part of defending federal criminal cases. This article provides an overview of federal sentencing laws and how a knowledgeable federal defense attorney can help advocate for the most favorable sentence possible under the circumstances.
How Federal Sentencing Works
Up until the mid-1980s, federal judges had wide discretion when it came to determining criminal sentences. However, concerns over sentencing disparities led Congress to pass the Sentencing Reform Act as part of the Comprehensive Crime Control Act of 1984. This law established mandatory minimum penalties for certain federal crimes and also created the United States Sentencing Commission.The role of the Sentencing Commission is to promulgate sentencing guidelines that federal judges are required to consider when determining sentences in criminal cases. The Federal Sentencing Guidelines provide a calculation based on the severity of the crime and the defendant’s criminal history to arrive at a sentencing range. While judges have more flexibility after the Supreme Court’s decision in United States v. Booker made the guidelines “advisory” rather than mandatory, they still exert substantial influence over federal criminal sentences in practice.
The Importance of Sentencing Advocacy
Given the complexities of federal sentencing laws and guidelines, having an attorney who understands this framework and can effectively advocate for the lowest sentence possible is critical. Unfortunately, some defense lawyers make the mistake of focusing most of their efforts on obtaining an acquittal at trial and do not devote sufficient attention to developing a sentencing strategy in the event of a conviction.But the reality is that less than 5% of federal criminal cases go to trial, with over 90% resolved by guilty plea. Therefore, sentencing advocacy should be a top priority right from the start of any federal criminal case. Even if preparing for the possibility of trial, defense counsel cannot afford to wait until after a guilty verdict to begin formulating sentencing arguments.
How a Federal Defense Lawyer Can Help with Sentencing
So what exactly can an experienced federal defense attorney do when it comes to advocating for the most favorable sentence? Here are some of the most important ways skilled sentencing advocacy makes a difference:
1. Advisory Sentencing Guideline Calculation
Your defense lawyer will thoroughly examine the Federal Sentencing Guidelines to calculate the sentencing range that applies in your specific case. Determining the advisory guideline range requires a deep understanding of how various factors affect the calculation under the guidelines.These factors include things like:
- The nature of the charged offense
- The loss amount or drug quantity involved
- Your role in the offense
- Whether certain sentencing enhancements apply
- Your criminal history score
- Acceptance of responsibility
By aggressively challenging the prosecution’s calculations and putting forward defense calculations that result in a lower guideline range, your sentencing lawyer lays the groundwork for arguing for a lighter sentence.
2. Departure Motions
In some cases, there may be grounds under the guidelines themselves to argue for a “departure” from the normally applicable sentencing range. Grounds for a departure motion include things like:
- Overstated criminal history
- Exceptional family circumstances
- Coercion or duress
- Diminished mental capacity
If your attorney can successfully argue that your case falls outside the “heartland” of typical cases covered by the guidelines, the judge has the authority to impose a sentence below the advisory range.
3. Booker Variance Motions
Another option for seeking a lower sentence is to argue for a “variance” from the guidelines based on the sentencing factors set out in 18 U.S.C. §3553(a). The Supreme Court‘s ruling in Booker gave judges more flexibility to impose non-guideline sentences by considering the §3553(a) factors.Your lawyer may advocate for a below-guidelines sentence by emphasizing factors like:
- Your history and characteristics
- The circumstances and context of the offense
- The need to avoid sentencing disparities
- Kind of sentences available
By presenting evidence and arguments related to the §3553(a) factors most favorable in your case, your attorney can urge the judge to find that a sentence below the guidelines is “sufficient but not greater than necessary” to serve the purposes of sentencing.
4. Collateral Consequences
Part of effective sentencing advocacy also involves making sure that the judge understands all of the consequences you are already facing or will face as a result of your conviction. These “collateral consequences” are technically not part of your criminal sentence but can dramatically impact your life.For example, a federal drug trafficking conviction may result in deportation for a non-citizen defendant. Your defense attorney can explain how the immigration impact and loss of your livelihood from being barred from certain occupations means that a lengthy prison sentence is not necessary to provide adequate punishment.
5. Sentencing Memorandum
Finally, your federal defense lawyer will summarize all of the arguments for a below-guidelines sentence in a thorough sentencing memorandum provided to the judge before the sentencing hearing. This written submission includes citations to relevant case law, guidelines provisions, and sentencing data to back up the sentencing recommendations.An effective sentencing memo leaves no stone unturned in humanizing the defendant and providing every conceivable legal basis to impose the most lenient sentence that can reasonably be justified.
Work with a Federal Defense Lawyer Today
If you or someone you care about is facing federal criminal charges, I strongly encourage you to speak with a federal defense lawyer right away. Having an experienced federal sentencing attorney make a compelling case for the lowest possible sentence can potentially save you years of imprisonment. It should be a top priority in fighting your federal criminal case.I hope you found this overview on federal defense sentencing lawyers informative and useful. Don‘t hesitate to reach out if you have any other questions!