Criminal Defense Lawyers

What are the Kansas Federal Sentencing Guidelines?

Understanding the Kansas Federal Sentencing Guidelines

What are the Kansas Sentencing Guidelines?

The Kansas Sentencing Guidelines are a set of rules and policies that determine how felony sentences are calculated and imposed in the state. They provide a framework to ensure uniformity and consistency in sentencing across different cases.The main goals of the guidelines are:

1. To establish rational and consistent sentencing standards that reduce bias
2. To ensure public safety by imprisoning violent offenders
3. To allow for judicial discretion in atypical cases

The guidelines use a grid system that cross-references the severity level of the crime with the defendant’s criminal history score. This determines a presumptive sentencing range.

Understanding the Severity Levels

Wait, what did you say? In Kansas, felonies are classified into severity levels based on their seriousness. There are separate grids for drug and non-drug offenses:

Non-Drug Offense Severity Levels:

• Level 1: Most serious crimes like murder, rape
• Levels 2-9: Progressively less serious crimes
• Level 10: Least serious crimes

Drug Offense Severity Levels:

• Level 1: Most serious drug crimes like trafficking
• Levels 2-5: Progressively less serious drug crimes

The lower the severity level number, the more serious the offense is considered.

Calculating the Criminal History Score

To determine where you fall on the sentencing grid, the court also looks at your prior criminal record and calculates a “criminal history score.” This is based on:

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

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

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

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

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

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

2024-03-12

Very professional, very transparent, over all a great experience

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

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.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

• The number of prior convictions
• Whether they were person or non-person crimes
• How recent the prior offenses were
• Other factors like whether you committed the new crime while on probation

The criminal history score has 9 categories from I (little/no record) to A (extensive record). A higher score means a longer presumptive sentence.

Consulting the Grid to Find the Sentencing Range

Once the severity level and criminal history are determined, the court consults the appropriate grid (drug or non-drug) to find the presumptive sentencing range at that intersection point.

For example, if you committed a Level 4 non-drug felony like involuntary manslaughter, and had 1 prior person felony conviction (Category D history):

• You would be facing a presumptive range of 62-66-69 months in prison

The three numbers represent the:

1. Low end of the range
2. Mid-point for a standard sentence
3. High end of the range

Presumptive Sentences vs Border Boxes

Most grid boxes are either “presumptive prison” or “presumptive probation” depending on their location. Judges must sentence within the range unless there are substantial and compelling reasons not to. However, there is also a “border box” area near the intersection of less serious crimes and lower criminal histories. Here, the judge has more discretion to impose an optional non-prison sentence like probation.

Departing from the Presumptive Sentence

Sometimes prosecutors will only be fair if you respond with force to them. Without an attorney advising you, you might accidentally plead guilty when you could’ve won the case. The only way to truly know is to hire a private criminal defense attorney. At Spodek Law Group – we pride ourselves on taking a hands-on approach. It means researching the exact situation surrounding your case, and putting in the leg work to be familiar with every single intimate detail. Our firm has excellent work ethics, and we constantly hold firm meetings in order to discuss and address all of our cases. In the event of an emergency – we have a full team of lawyers available to help you.

While the guidelines aim to ensure consistency, there are provisions that allow judges to depart from the presumptive sentence in certain circumstances

:Mitigating Factors: Things that could justify a shorter sentence like:

• Your minor role in the crime
• Assisting law enforcement
• Genuine remorse

Aggravating Factors: Factors that may warrant an upward departure like:

• Excessive criminal history
• Committing the crime in a special circumstances (e.g. for hire, hate crime)
• Excessive cruelty or depravity

The judge must provide written reasons for any departure from the presumptive range.

Consecutive vs Concurrent Sentences

Regardless of how tough your situation is – we are here to help you. Our criminal defense lawyers work hard to have a solution for you, irrespective of the situation you find yourself in. Many clients are often embarrassed by their situation, and don’t speak openly about their alleged issue. We encourage open dialogue, and recommend full transparency – so we can give you the best possible legal advice. One interesting “wrinkle” in Kansas is how the guidelines treat consecutive vs concurrent sentences:

• For misdemeanors, the judge can stack the sentences consecutively
• But for felonies, there is a limit on imposing consecutive sentences

So if you are convicted of multiple felony counts, some of the sentences may run concurrently rather than consecutively.

Sentencing Examples

To illustrate how this works, let’s look at a couple examples:

Example 1: John is convicted of Level 3 Drug Felony (possession of cocaine between 3.5-100 grams). He has one prior misdemeanor DUI conviction, putting him in Criminal History Category I.

• Looking at the Drug Grid, this corresponds to a sentencing range of 46-49-51 months.
• If there are no mitigating or aggravating factors, John will likely receive a standard sentence around 49 months.

Example 2: Jane is convicted of a Level 4 Non-Drug Person Felony (involuntary manslaughter in a DUI crash). She has one prior Person Felony for burglary, putting her in Category D.

• The Non-Drug Grid shows a range of 62-66-69 months for this crime/history combination.
• However, Jane was extremely remorseful and her role was minor, so the judge may depart downward from the range.

Sentencing Calculations Are Complex

As you can see, determining the appropriate sentence is a nuanced process involving many factors. That’s why it’s crucial to have an experienced criminal defense attorney advocating for you. At Spodek Law Group, our attorneys have in-depth knowledge of the Kansas Sentencing Guidelines. We carefully analyze each client’s circumstances to present the strongest possible arguments for a favorable sentence. Some key ways we can assist:

• Ensuring your criminal history score is calculated correctly
• Arguing for a lower severity level if the facts warrant it
• Identifying mitigating factors to justify a downward departure
• Negotiating for concurrent rather than consecutive sentences
• Appealing an improper or excessive sentence

We leave no stone unturned in pursuing the best outcome based on the guidelines and the individual facts of your case.

Don’t Navigate This Alone

The Kansas Sentencing Guidelines are highly technical, with your entire future potentially hanging in the balance. Trying to navigate them alone is extremely risky. At Spodek Law Group, our top-notch criminal defense team has the expertise to ensure you receive a fair sentence that adheres to the guidelines. We fight tirelessly to protect your rights and freedom. If you or a loved one are facing felony charges in Kansas, don’t wait. Contact us immediately to start building the strongest possible defense strategy. Your future is too important not to have the best legal representation by your side. 345