DISMISSALS
State v. J.A. – First Degree Rape
Sentencing in the Eastern, Middle and Western Districts of North Carolina is governed by the Federal Sentencing Guidelines. While these guidelines do not provide mandatory sentences, most judges do not deviate substantially from their recommended sentencing ranges.
However, judges do have the discretion to depart from sentencing guidelines if they are presented with specific mitigating circumstances. An experienced federal sentencing attorney can help you present your case for a more lenient sentence in your federal sentencing memorandum. There are several examples of sentencing memoranda on the Federal Public Defender’s website.
The judge will set the base level for your offense at your sentencing hearing based on the information in the pre-sentence report and the resolution of any objections by your defense lawyer or the government.
Your base-level offense will set the initial range for your potential sentence. Any aggravating or mitigating factors may then be used to raise or lower that range. Examples of the approximately 40 mitigating factors include, among others:
Every reason that is asserted for a downward departure should be documented and supported by evidence in your sentencing memorandum.
Conversely, there are over 100 aggravating factors in the federal sentencing guidelines.
While a downward departure involves using the guidelines to lower the applicable sentencing range, a variance is a sentence outside the guideline range. A judge may utilize a downward departure in determining the applicable sentencing range as well as a variance below that guideline range in determining your sentence. In an ideal situation, a variance may result in probation despite a guideline range of a term of years for a federal criminal conviction.
A federal defense lawyer can explain this further if it applies in your case.
U.S. vs. J.R.
Charge: Mail Fraud (9 Counts), Conspiracy to Commit Mail Fraud
Facing: Three years in prison
Result: One year, One day
Our client was convicted of nine counts of mail fraud and one count of conspiracy to commit mail fraud. The government alleged that our client fraudulently obtained more than $115,000 from her former employer. At the sentencing hearing, the Judge granted our motion for a downward departure, sentencing our client to one year and one day. The government had asked the judge to sentence our client to several years.
State v. J.A. – First Degree Rape
State v. B.S. – First Degree Murder
State v. E.D. – Identity Theft
State v. J.A. – First Degree Rape
Each case is different and must be evaluated on its individual facts. We work hard to assess each case individually. Prior results do not guarantee any future outcome.
Put our team of criminal defense lawyers on your side today. You are one phone call or email away from getting your questions answered by an experienced defense attorney.
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