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Understanding federal sentencing guidelines before going forward

| Mar 26, 2020 | Federal Criminal Defense

Not everyone faces charges filed by the state of New York. Some individuals here in the state find themselves facing criminal charges filed by the federal government, which means going through a similar but different process. As part of preparing a defense, it is important to gain an understanding of federal sentencing guidelines.

Many factors go into making a sentencing recommendation. The way the guidelines are written, two people charged with the same federal crime could end up with widely different sentences. This means prosecutors have wide discretion, which makes negotiations advantageous and problematic at the same time. Without a competent and experienced understanding of the guidelines and knowledge of how they work, you could end up spending more time or any time at all in a federal penitentiary.

Some federal charges come with provisions regarding mandatory sentences and other advisory provisions that prosecutors must take into account. Another factor to consider is whether you face multiple sentences that could run at the same time (concurrently), or you have to serve them one after the other (consecutively). On the other hand, your case could involve mitigating circumstances that warrant a lighter sentence, which means an earlier release for you.

Of course, any discussion about the federal sentencing guidelines assumes that you will be convicted of the crime the federal government accuses you of committing. Even though a discussion regarding sentencing needs to take place, you and many other New York residents would most likely feel that discussions regarding preparing a defense that results in an acquittal or conviction for lesser charges would be more important. A thorough review of every aspect of your case will most likely reveal the avenue toward the best possible outcome for you based on the circumstances.