Understanding Your Criminal History Score in Counterfeiting Sentencing

Understanding Your Criminal History Score in Counterfeiting Sentencing

If you have been charged with counterfeiting offenses, one of the most important factors that will impact your sentence is your criminal history score. This score, calculated based on your past convictions, helps the judge figure out how much time you should serve. Understanding how this score is determined and what it means for your sentence is crucial as you face sentencing.

What is a Criminal History Score?

Your criminal history score comes from the US Sentencing Guidelines. These guidelines provide a formula to calculate a numerical score based on your prior convictions. Points are assigned for each past conviction depending on the type and severity of the offense and the length of the sentence. More points mean a higher score.

This score falls into one of six Criminal History Categories, from I to VI. The higher categories mean a more extensive criminal record. Category I is for defendants with little to no criminal history, while Category VI is for repeat offenders with very lengthy records.

How is it Calculated for Counterfeiting?

The specifics of how your criminal history score is determined get complicated. But in general:

• More serious past offenses lead to higher points
• Having many convictions leads to more points
• Older convictions expire and no longer count
• Crimes committed while on probation or parole increase points

For counterfeiting sentencing, rules on economic crimes and fraud also impact the score. As seen in this analysis from the US Sentencing Commission, over 60% of counterfeiters fell into higher Criminal History Categories IV-VI. So expect to face additional scrutiny of your past record.

What Does This Mean for My Sentence?

Your criminal history directly impacts the length of your counterfeiting sentence. Defendants with minimal records will face much less prison time than repeat offenders. Specifically:

• Higher categories increase the sentencing range under the guidelines
• It is harder to qualify for alternatives to incarceration like probation
• Prosecutors often seek longer sentences for defendants with more convictions

For example, with a Criminal History Category of I, 0-6 months in prison may be recommended. But at Category VI for a repeat offender, 63-78 months may be the range instead. The impact is truly significant.

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Does the Judge Have to Follow the Guidelines?

While judges use the sentencing guidelines and criminal history score in determining counterfeiting sentences, they are not absolutely bound by them. Judges have discretion to issue sentences outside the guideline range. But they must explain their reasoning for more extreme departures from the guidelines.

In the past five years, around 58.5% of counterfeiters received sentences within the calculated range, per US Sentencing Commission data. So while judges may tweak the sentences, they heavily rely on the guidelines and criminal history score.

Strategies to Reduce Impact of Criminal History

While you cannot erase your criminal record, there are strategies to reduce its impact on your counterfeiting sentencing:

• Work cooperatively with prosecutors to earn a reduced sentence recommendation
• Present mitigating personal circumstances to the judge
• Argue that prior crimes are not indicative of your history or character
• Note positive life changes since past offenses as evidence of rehabilitation

An experienced criminal defense lawyer can help craft the most persuasive arguments to minimize the influence of your record. Be sure to have quality representation on your side through the counterfeiting sentencing process.

Facing sentencing can be an extremely stressful and uncertain time. But understanding exactly how your criminal history factors into potential prison time is vital knowledge. Work closely with your lawyer to navigate this process and aim for the most favorable outcome possible.

References

Understanding Your Criminal History Score in Counterfeiting Sentencing
The Criminal History of Federal Economic Crime Offenders
Quick Facts on Counterfeiting Offenses