What are the potential penalties I’m facing for my federal charges?

| by Max Soni

Last Updated on: 18th November 2023, 01:59 pm

Getting charged with a federal crime can be an incredibly stressful and uncertain time. The federal system often carries harsher potential penalties than state courts, so it’s natural to feel anxious about what could happen. In this article, I’ll walk through some of the key factors that will impact the penalties I may face for my federal charges, so you can better understand the range of possibilities.

Mandatory Minimum Sentences

One major aspect of federal sentencing is mandatory minimums. These are sentences set by statute that the judge must impose if you are convicted. Mandatory minimums often apply to drug, firearm, and certain other offenses.For example, if you are convicted of a federal drug trafficking crime involving 5+ grams of meth, you face a mandatory minimum 5 year prison sentence. The judge cannot go lower than that, even if they want to based on the circumstances. So mandatory minimums establish the lowest possible sentence you could face if convicted.Judges still have discretion to go above the minimum up to the statutory maximum sentence. But mandatory minimums take away their ability to go below it. This removes a key aspect of judicial discretion in sentencing.

Statutory Maximum Sentences

In addition to any mandatory minimums, federal statutes also set maximum possible sentences for each crime. For example, while the minimum may be 5 years for a drug offense, the maximum may be 40 years or even life.So the statutory range establishes both the floor and ceiling of potential sentences. The actual sentence imposed will fall somewhere within that range, based on the judge’s discretion and application of the sentencing guidelines (more on that below).It’s important to understand the statutory range for the specific charges you’re facing. The maximums can be sobering, but the actual sentence may end up much lower than the max once other factors are considered.

Federal Sentencing Guidelines

Beyond any mandatory minimums and statutory maximums, federal judges must also consult the U.S. Sentencing Guidelines when determining sentences. This is a very complex system that provides recommended sentencing ranges based on the defendant’s criminal history and specifics of the crime.The guidelines score various factors to place defendants into a grid, with recommended sentence ranges for each grid cell. While they are advisory, judges do closely consider them. So your guideline range will be a major input into your ultimate sentence.An experienced federal criminal defense attorney can help calculate the likely guideline range and identify any arguments to help reduce it. This is a critical part of understanding your possible penalty exposure.

Sentencing Enhancements and Reductions

There are also certain sentencing enhancements and reductions that can impact your penalty under the guidelines. For example, if a firearm was involved in a drug crime, that can add years to the recommended range. On the flip side, accepting responsibility and cooperating with prosecutors to provide substantial assistance can reduce your sentence.So when estimating possible penalties, it’s important to consider potential enhancements and reductions based on the specific circumstances of your case. Small factual details can make a big difference in how the guidelines are calculated.

Mandatory Consecutive Sentencing

One particularly harsh aspect of federal sentencing applies when multiple counts under 18 USC 924(c) are involved – charges for using a firearm during a violent crime or drug trafficking offense.The law requires that the sentence for each 924(c) count must run consecutively, or stack on top of, any other sentences. So if convicted of two 924(c) counts, you would face the mandatory minimum consecutive sentence on each. This can quickly add up to extremely severe sentences, essentially life imprisonment.

Probation, Supervised Release and Fines

In addition to imprisonment, sentences for federal crimes may also involve probation, supervised release, and fines. Probation allows the defendant to remain free in the community under court supervision, rather than incarcerated. Supervised release takes effect after imprisonment, requiring the defendant to follow conditions as they re-enter society.Fines are monetary penalties imposed as part of the sentence. They are common in white collar cases and for organizations, but can also apply to individuals. Some laws specify maximum fines, or state that the fine can be up to twice the amount of any illicit gains from the crime.

Departures and Variances from Guidelines

In some cases, judges may impose a sentence outside the calculated guideline range, if they can articulate compelling reasons to “depart” from the guidelines. Certain circumstances like substantial assistance to prosecutors, or overstatement of the defendant’s criminal history, can warrant a departure.Judges can also vary from the guidelines based on the factors and purposes laid out in 18 USC 3553(a). However, the further a sentence strays from the guidelines, the more justification the judge must provide on the record.

Plea Agreements and Cooperation

Importantly, the sentencing exposure can change dramatically if you reach a plea agreement with the prosecution, compared to going to trial and losing. Plea deals provide the ability to limit penalties, often significantly.By pleading guilty, you also open up opportunities to cooperate and provide substantial assistance to prosecutors. If they file a 5K1.1 motion certifying your cooperation, the judge can depart below mandatory minimums and reduce your sentence.So while you face scary statutory penalties at the outset, the final sentence could end up far less through an agreed plea bargain and cooperation. Engaging experienced counsel for plea negotiations is key.