According to the U.S. Federal Sentencing Guidelines, federal crimes can be classified into 43 offense categories. The offense level is matched with the Criminal History Category, which comprises six different categories, to determine sentencing.

To find a recommended prison sentence, a judge simply cross-references the offense level with the Criminal History. For instance, an offender who commits a level 16 offense and has a Criminal History of IV, according to the table, should receive 33 to 41 months in prison, all things being equal.

Of course, when you hire a seasoned federal criminal defense attorney, you put yourself in a position to receive the lowest possible sentence. There is federal case law that permits the sentencing judge in a federal case to impose a sentence below the applicable guideline range.

Our Los Angeles-based federal criminal defense firm, with its extensive experience, expertise, and abilities, is well-equipped to secure the lowest possible sentence for you in Los Angeles federal court and across the Nation.

Determining the level of offense: A base level offense is set by the United States Sentencing Commission to stress the seriousness of a crime. One of the highest levels of crimes is first-degree murder, which has a base level of 43.

One of the lowest levels of crimes is infringing on a copyright, which has a level of 9. The range of these numbers is calculated first, according to USSC. Then, other variables are accounted for to lower or raise the number.

These variables can be effectively argued in your favor by a skilled federal criminal defense attorney who has experience handling federal cases in the jurisdiction where your case is pending. A defense attorney can present evidence and make legal arguments to persuade the judge to consider these factors in your favor. We have successfully handled numerous cases in Los Angeles and throughout the Nation over the years of our federal criminal defense practice.

Sentences can also be adjusted based on numerous factors, such as:

• Whether a vulnerable victim was harmed during the commission of the crime.
• Whether the defendant played a major or minor role. Ringleaders can face higher offense levels, while minor contributors may receive lower offense levels.
• Whether the defendant cooperated with prosecutors or obstructed justice. Obstructing can result in your offense level being bumped up; cooperating can help lower it.

Not many people in the defendant's position realize that the sentencing table recommends a prison sentence and a corresponding zone category. Zones have to do with probation. The zone category determines the type of probation you may be eligible for, which can significantly affect the length and conditions of your sentence.

If your offense falls into Zone A, for instance, you can get straight probation. If your offense falls into Zone C, on the other hand, you may be eligible for probation; however, you must serve at least half of your sentence in prison. This means that if you are eligible for probation or the safety valve, you do not even have to serve the full statutory minimum sentence.

The 'safety valve' is a crucial legal provision that can potentially exempt you from a mandatory minimum sentence. These laws, enacted by Congress or state legislatures, empower courts to impose a sentence that is less severe than the mandatory minimum.

The federal safety valve applies only to a certain type of drug offenders and involves a strict five-part test. If all five requirements are met, the court must sentence a person below the mandatory minimum, generally by using the federal sentencing guidelines to create a sentence that fits the offender and their crime.

The five requirements:

• No one was harmed during the offense
• The offender has little or no history of criminal convictions
• The offender did not use violence or guns
• The offender was not a leader or organizer of the offense
• The offender told the prosecutor all that they knew about the offense

Know your rights! Contact the Hedding Law Firm in Los Angeles for a complimentary, in-person consultation.