Sentencing

by Kansas Criminal Defense Lawyer, Vincent Rivera

The majority of cases plea out which means we’re going to end up at sentencing sooner or later.

Many jurisdictions including federal court utilize a sentencing grid.

On the sentencing grid now for criminal history along the top axis and the level of the offense on the side axis.

sentencing grid

sentencing grid

Where the level of the offense meets the criminal history is going to create your guideline sentence.

Once a guideline sentence has been established that’s not the end of the story because your attorney still has to evaluate whether or not you’ve been scored correctly on the sentencing guidelines.

First, they need to look at your criminal history and decide whether or not that is the appropriate criminal history score.

They also need to look at the level of the offense and make sure that is properly scored.

Now determining the level of the offense especially in federal court is not as simple as it may seem.

You’re going to start with a base offense level and from there you’re gonna add and subtract levels based on what happened in the case.

For example, you might be reduced by 2 or 3 points because you pled guilty.

You might have your sentence increased because of the number of victims.

You might have your sentence increased because of the number of transactions.

Your sentence can be increased based on the type of firearm that was used.

Again your criminal history and the level of the offense are complicated calculations. It’s important that you have an attorney that understands the guidelines, knows how to object to those guidelines and to object to your presumptive sentence.

Making sure that you have the appropriate guideline sentence is only half of the battle at sentencing.

Very often we’re asking the judge to make an exception to what the guideline sentence is.

That’s when an attorney’s ability to advocate for their client really comes into play.

We tend to make decisions emotionally and then we come back in hindsight and apply logic and reason to justify our emotions. So it’s important that the emotion behind your case gets presented to the court.

What makes your case unique?

What facts and circumstances make you different than everyone else?

What happened in your life to get you to that point?

A talented attorney is going to know how to present those factors to the court. And ultimately those are going to be the grounds that a judge is going to base their departure from the presumptive guideline.

When you meet with an attorney it’s important that your attorney understands the sentencing guidelines and understands how to tell your story. So don’t be afraid when you meet with an attorney ask them “how are you going to present my story at sentencing?”