Let's look at the horizontal bar again on the guideline scale.
The numbers go from I-VI or numbers 0-13 or more. This is the criminal history of the defendant.
Obviously, the higher the number the greater the criminal history of the person. When a defendant is being evaluated for a possible sentence by his attorney, the criminal history is critical. The more crimes the person committed throughout his life (or, to be more specific, the crimes for which he was convicted in the past) and the seriousness of the crimes for which he was convicted (obviously there is a great difference between traffic tickets and armed robbery) will indicate in which criminal history category the defendant belongs.
A person with a low criminal history, therefore, has much more "give" when he is faced with sentencing in the Federal system. A defendant with a criminal history of I can have an offense level of 12 and be facing 10-16 months in the Federal system vs. a defendant with a criminal history of VI who will be facing 30-37 months for the exact same offense level.
The horizontal axis, therefore, of the Guidelines are extremely important when advising a defendant on the amount of Federal prison time he is facing.
The numbers go from I-VI or numbers 0-13 or more. This is the criminal history of the defendant.
Obviously, the higher the number the greater the criminal history of the person. When a defendant is being evaluated for a possible sentence by his attorney, the criminal history is critical. The more crimes the person committed throughout his life (or, to be more specific, the crimes for which he was convicted in the past) and the seriousness of the crimes for which he was convicted (obviously there is a great difference between traffic tickets and armed robbery) will indicate in which criminal history category the defendant belongs.
A person with a low criminal history, therefore, has much more "give" when he is faced with sentencing in the Federal system. A defendant with a criminal history of I can have an offense level of 12 and be facing 10-16 months in the Federal system vs. a defendant with a criminal history of VI who will be facing 30-37 months for the exact same offense level.
The horizontal axis, therefore, of the Guidelines are extremely important when advising a defendant on the amount of Federal prison time he is facing.
NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR
IS IT INTENDED TO BE LEGAL ADVICE. IF
THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.
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tausk
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