Judges have some discretion when determining what sentence a defendant should receive for a federal crime. However, the discretion is proscribed by federal law and federal sentencing guidelines, as discussed in a prior post. There are certain aggravating and mitigating circumstances the judge can consider when imposing the sentence. Defendants seeking a lower sentence and their attorneys have the opportunity to address these before sentencing. This post discusses the aggravating factors that can increase the sentence. Our next post will cover circumstances that reduce a sentence.
Federal Sentencing Law
Title 18 of the United States Code section 3553(a) lists the relevant factors that judges must use in determining a sentence. The main focus for judges is on evaluating the seriousness of the offense and the prior criminal history of the defendant. The statute also requires that judges consider the Federal Sentencing Guidelines (FSG), the non-binding rules promulgated by the U.S. Sentencing Commission. The FSG also looks at the seriousness of the offense and the defendant’s criminal background.
Under the FSG, every crime has a base offense level. This level increases or decreases based on the existence of certain offense characteristics that make the crime more or less serious. In addition, there are six criminal history categories that can also increase or decrease the sentence based on the defendant’s prior conduct. Once the judge has applied the applicable adjustments to the base level and determined the criminal history category, the FSG’s sentencing table provides the sentencing range.
Typically, the judge will decide on a sentence within the range, but the court has discretion to depart from the guidelines. In such a case, the judge must provide the reason(s) in writing.
Aggravating Factors
The factors that may result in a higher sentence include the following:
This isn’t a complete list, but these examples make it clear that the court looks closely at the nature of the crime, the damage done, and the defendant’s criminal history.
Addressing Aggravating Factors
An important part of the sentencing process is the defendant’s ability to advocate for a lower sentence. The defendant can make objections and provide information that explains or mitigates any aggravating factors during the pre-sentencing process. A skilled attorney can help present a strong case for a lower offense level and minimize the damage of aggravating factors resulting in a reduced sentence.
If you are being investigated or have been arrested, contact us for a consultation. We have extensive experience successfully representing defendants accused of federal crimes through every stage of the trial and sentencing. Call us to learn how we can assist you.