So, we have seen the Guidelines at work. On the surface, it would appear very simple. Use the horizontal line to determine the criminal history of the defendant. Use the vertical line to determine the severity of the crime. Find the joinder of the two and you have the range of months of sentencing.
But, of course, nothing is ever easy when dealing with the Federal government and especially the Federal criminal system. There are (usually) mitigating factors which can reduce the sentencing level.
The most common example is if the defendant chooses to accept a guilty plea and not go to trial AND will admit responsibility for his actions. For most crimes, this means that the defendant will receive a REDUCTION of three points (on the vertical line) for acceptance of responsibility (for low level crimes, it is only a two point reduction). This leads, of course, to less prison time. In addition, there are other mitigating factors that can be taken into account by the Judge in sentencing.
So, although Federal sentencing is fairly straightforward, it is not at all 100% guaranteed, even if it is on the chart.
But, of course, nothing is ever easy when dealing with the Federal government and especially the Federal criminal system. There are (usually) mitigating factors which can reduce the sentencing level.
The most common example is if the defendant chooses to accept a guilty plea and not go to trial AND will admit responsibility for his actions. For most crimes, this means that the defendant will receive a REDUCTION of three points (on the vertical line) for acceptance of responsibility (for low level crimes, it is only a two point reduction). This leads, of course, to less prison time. In addition, there are other mitigating factors that can be taken into account by the Judge in sentencing.
So, although Federal sentencing is fairly straightforward, it is not at all 100% guaranteed, even if it is on the chart.
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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