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Role of Federal Sentencing Guidelines in a Criminal Case

Posted by Hedding Law Firm | Jan 15, 2021

In my opinion, having done this for 27 years, sentencing guidelines in federal cases across the nation basically act as guidelines for the judge, the prosecutor, and the defense regarding how and what sentence a criminal defendant will receive in a federal case.

What I mean by that is that it is undisputed that the judge has the ability to go outside the guidelines when sentencing a criminal defendant.  It's also undisputed that the prosecution and the defense can request sentences outside the guidelines.

Seeking a Lower Federal Sentence

Role of Federal Sentencing Guidelines in a Criminal Case

In fact, it's common for defense attorneys to try to get a lower sentence than what the guidelines show for a particular defendant.  There's a whole bunch of different factors that bear in on that.  For example:

  • defendant's criminal history,
  • offense level,
  • any enhancements that might apply, and
  • any downward departures that might apply.

For example, I am being a minimal player, a minor player. There are 5K departures where the government requests leniency for a defendant who has cooperated with them. There's consideration of a person's family circumstances, and there's the safety valve. There's a whole host of different downward departures that the defense can utilize.

When we discuss the role of these sentencing guidelines, the judge is basically commanded by the legislature and the Supreme Court of the United States to consider them when enacting any sentence against a criminal defendant.

Judge Must Consider Sentencing Guidelines

But after the judge considers those guidelines, he or she can then feel free to sentence the defendant to what they feel is appropriate.  They cannot go:

  • above the statutory maximum for the particular crime; and
  • they can't go below the statutory minimum for the particular crime unless
  • someone mounts an argument to be able to permit the judge to go below a mandatory minimum sentence that can be argued by both the defense and the prosecution.

The sentencing guidelines are important. They'll be the baseline, so to speak, when the judge considers an appropriate sentence in a federal criminal case.

As a criminal defendant, you want to be very familiar with those guidelines. Your defense attorney will apply them to your particular case, giving you an idea of the potential sentencing range if you plead guilty and accept a plea bargain with the government. They play a crucial role in advocating for the best possible outcome for you.

Review of Sentencing Chart with Your Defense Lawyer

There's a sentencing chart that relates to the sentencing guidelines that your attorney should be able to show you so you can look at it:

  • look at what your criminal history,
  • look at what offense level you're at based on a particular charge that the prosecutors are trying to get you to plead to,
  • see if any enhancements apply, and then, of course,
  • any downward departures that might be applicable to your case and
  • anything else you could do that might influence the judge to the positive for you.

For example, let's say there's a large amount of restitution owing in your case.  Paying that restitution or a substantial portion of it upfront is a big argument for your defense attorney to say to the judge: look, give him a break.  There is also a reduction in sentence for substantial assistance, which could be a significant factor in your case.

There are various strategies to potentially achieve a favorable outcome: either go below the mandatory minimum, go below the guideline range, or at least sentence the person to the low end of the guidelines.

Criminal Defense for Federal Crimes

What you need to do is pick up the phone.  Hire an attorney like Ron Hedding.  With 27 years of experience and a track record of handling many federal cases across the nation, I know what it takes to get you the best sentence. I will use the sentencing guidelines in your federal case to your advantage.

Criminal Defense for Federal Crimes

I  know what it takes to get you the best sentence and will try to use the sentencing guidelines in your federal case to your advantage and who is going to fight for you.

So, pick up the phone.  Ask for a meeting with Ron Hedding.  I'm usually available and can be reached fairly quickly. I'm here to help you.

We can discuss what a potential sentence might be in your case, explore the strategies we could use to influence the judge's decision, and see how I can help you navigate the federal sentencing guidelines to your advantage. This meeting is an opportunity for you to understand your legal options and make an informed decision about your defense.

Hedding Law Firm is a criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436.

We serve clients in California and throughout the United States, including Oregon, Washington, Arizona, Nevada, Colorado, Idaho, and Texas—call (213) 542-0994 for a free case evaluation.

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Hedding Law Firm is committed to answering your questions about Federal Criminal Defense issues in Los Angeles and Encino California. We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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