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.

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Legal Scenario: What Would You Do?

Scenario

Your brother was convicted of drug trafficking in federal court and received a 15-year sentence, even though his co-defendant who played a bigger role only got 8 years. Your family is struggling to understand why the sentences were so different when they were charged in the same case.

What factors could have caused my brother to receive a much longer federal prison sentence than his co-defendant?

Attorney's Answer

Several factors under the U.S. Sentencing Guidelines can dramatically increase a federal sentence, including prior criminal history, the quantity of drugs involved attributed to each defendant, and whether your brother went to trial versus his co-defendant accepting a plea deal. Judges also consider enhancements under USSG §3B1.1 for leadership roles, §2D1.1 for weapon possession during drug offenses, and obstruction of justice under §3C1.1 — any of which could add years to a sentence. Your brother may also have lost the benefit of a three-level reduction for acceptance of responsibility under §3E1.1 if he chose to go to trial. An experienced federal defense attorney can file a motion under 18 U.S.C. §3582 or pursue a direct appeal to challenge any improperly applied sentencing enhancements.

This is general information only. Contact us for advice specific to your situation.

The Severity of the Crime