Understanding Federal Criminal Sentencing

WHAT ARE THE SENTENCES FOR FEDERAL CHARGES?

Federal sentences vary based on the type of offense, severity of the offense, and prior criminal history of the defendant. Some federal sentences carry a mandatory minimum while others require the judge to determine the sentence based off of the federal sentencing guidelines and the characteristics of the defendant using the factors outlined in 18 U.S.C. 3553. Generally, federal sentences are much higher than sentences for corresponding state law violations. Determining how much time a federal defendant will receive in jail requires the judge and probation to make a complex determination using the federal sentencing guidelines and their policy as well as understanding the seriousness of the offense and history and characteristics of a defendant.

Unfortunately, most federal defendants who plead guilty face jail time and about 26.6% of federal defendants who plead guilty receive 3 to 5 years in prison. This is why a federal defendant should think very carefully about pleading guilty and beware of promises made by counsel that the defendant will not receive any jail time. This is a promise that cannot be made even if there is a plea agreement stating that the government agrees to request no jail time.

WHAT ARE THE AVERAGE FEDERAL SENTENCES FOR FEDERAL DEFENDANTS

Here is a table with the average sentences for federal defendants. (Click here to see the complete table)

0 to 1 year* 2,592 1.8%

> 1 year to < 3 years 13,403 9.1%

3 years to < 5 years 14,597 9.9%

5 years to < 10 years 39,017 26.6%

10 years to < 15 years 33,211 22.6%

15 years to < 20 years 18,279 12.5%

20 years or more but < Life 21,741 14.8%

Life 3,865 2.6%

HOW DOES A FEDERAL JUDGE DETERMINE A SENTENCE?

At sentencing the judge will review a Pre-Sentence Report created by the United States Probation office. This report is generated after an investigation by the U.S. Probation Office and details the severity of the offense, federal guidelines calculation, biographical information about the defendant, and any mandatory sentences that must be imposed. The judge will also review the plea agreement in the case – if there is one – and determine the agreement by the parties including any agreements regarding jail time. Then the Court will ask for argument by the parties regarding the applicability of any sentencing guidelines disputes (detailed more fully below) and what each side recommends as the applicable sentence in the case.

Click to read the Federal Criminal Sentencing Guide