If you‘re facing federal charges in New Hampshire, it‘s crucial to understand the federal sentencing guidelines; these rules determine how harsh your punishment could be. Our federal criminal defense attorneys in New Hampshire break down what you should know.
The federal sentencing guidelines are rules that federal judges use to determine an appropriate sentence for someone convicted of a federal crime. They provide a uniform way for courts to calculate sentences based on:
The guidelines aim to promote consistency and fairness in sentencing across the federal court system. However, they’re not mandatory — judges can depart from them in certain cases.
To determine a sentence under the guidelines, the judge follows a multi-step process:
The guidelines were created by the U.S. Sentencing Commission and went into effect in 1987. They apply to all federal crimes except a few specifically exempted offenses.
The federal sentencing guidelines were intended to increase transparency, uniformity, and proportionality in sentencing. However, they’ve also been criticized:Pros:
Cons:
Despite the criticisms, the guidelines remain a driving force in federal sentencing. Understanding how they work is key if you‘re facing charges.
Our federal criminal lawyers in New Hampshire frequently defend clients accused of crimes like:
The specific charges and sentencing guidelines depend on the crime. For example, drug sentences are largely driven by the type and quantity of drugs involved. White collar fraud sentences often hinge on the amount of money or loss amount.No matter what you’re accused of, it’s critical to have an experienced federal defense attorney on your side who understands the complexities of the guidelines and can fight for the best possible outcome.
Many federal drug crimes carry harsh mandatory minimum sentences under statutes like:
These laws impose fixed minimum sentences (e.g. 5 or 10 years) based solely on the type and amount of drugs – regardless of other mitigating factors.For example, possession with intent to distribute 500 grams of cocaine carries a 5-year mandatory minimum under 21 U.S.C. § 841(b)(1)(B). And 5 kilos or more is a 10-year minimum sentence.Mandatory minimums can limit judicial discretion and result in excessive sentences compared to the guidelines. Our drug crime defense lawyers in NH fight to avoid these draconian punishments.
To illustrate how the guidelines work, let’s look at a hypothetical federal fraud case in New Hampshire:The Crime: A business owner is convicted of wire fraud for defrauding investors of $1.5 million.Offense Level Calculation:
Criminal History: The defendant has no prior convictions, putting them in Criminal History Category I.Sentencing Range: An offense level 22 with Category I criminal history results in a guideline range of 41-51 months in prison.The judge could sentence within that range or depart upwards or downwards based on other factors. An experienced defense lawyer would highlight mitigating circumstances to argue for a lighter sentence.
While the guidelines provide an advisory starting point, they’re not mandatory. Federal judges have significant discretion to depart from the guidelines and impose different sentences based on:
This discretion was reinforced by the Supreme Court’s decisions in United States v. Booker and its progeny. The Court ruled that the guidelines are “effectively advisory” to remedy Sixth Amendment issues.As a result, judges are free to disregard the guidelines in appropriate cases. This gives criminal defense attorneys more opportunities to argue for lighter sentences tailored to the specific defendant and circumstances.Some common grounds for departing downwards from the guidelines include:
Experienced federal criminal defense lawyers know how to craft persuasive departure arguments drawing on these and other mitigating factors.
They can also challenge improper guideline calculations or applications. For example, contesting:
Mounting an effective challenge requires in-depth knowledge of the complex guidelines, case law, and sentencing procedures. That’s why it‘s critical to have a skilled federal sentencing lawyer in your corner.
In addition to arguing for lighter guideline sentences or departures, federal defense attorneys may also pursue alternative sentencing options like:
Probation – For less serious offenses, probation may be an option instead of incarceration. Conditions like home confinement, community service, treatment, etc. may be imposed.
Diversion Programs – Certain non-violent offenders with minimal criminal histories may qualify for pretrial diversion programs. Successful completion can lead to dismissal of charges.
Safety Valve – Low-level, non-violent drug offenders who meet strict criteria can receive sentences below the mandatory minimums.
Compassionate Release – Allows reduced sentences for “extraordinary and compelling reasons” like terminal illness, aging inmates, etc.
First Step Act Relief – Provides expanded opportunities for sentence reductions, earned good time credits, and other reforms.Our federal criminal defense lawyers explore all potential alternatives to secure the best outcome for our clients in New Hampshire and nationwide.
Federal cases are high-stakes, and the consequences of a conviction can be life-altering. That‘s why it’s absolutely critical to have an experienced federal criminal defense attorney in your corner.At Spodek Law Group, our federal crime lawyers have represented clients in New Hampshire and across the country in cases involving:
We’ve handled everything from complex white-collar prosecutions to high-profile cases covered by national media. No matter how complicated or serious the charges, we have the skills and resources to mount an aggressive defense.Our federal criminal defense strategies include:
We understand what’s at stake – your freedom, your future, your livelihood. That‘s why we fight tirelessly to protect our clients‘ rights and secure the best possible outcome, whether that’s an outright dismissal or a fair sentence.Don’t take chances with your federal case in New Hampshire. Contact the Spodek Law Group today for a free, confidential consultation about your charges and how we can help.
For more information on federal sentencing in New Hampshire, check out these resources:
You can also find more on our website at www.nyccriminalattorneys.com or by calling to speak with one of our experienced federal criminal defense lawyers in New Hampshire.
No, the Supreme Court ruled in United States v. Booker that the guidelines are effectively advisory, not mandatory. Judges have discretion to depart from the guideline ranges.
The main factors are the seriousness of the offense (the “offense level“) and the defendant‘s criminal history category. These are calculated based on the specific guidelines.
Potentially, yes. Probation is an option for less serious federal offenses, especially for defendants with minimal criminal histories.
Absolutely. The federal sentencing process is extremely complex. An experienced lawyer can advocate for a lighter sentence through departures, alternatives, and other strategies.
You may be able to appeal the sentence or seek post-conviction relief like a sentence reduction. An appeals lawyer can review your case for potential grounds to challenge the sentence.
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