Many offenses are criminal on both the state and federal levels. When someone is convicted of a federal crime, they must be sentenced according to federal rules. Since federal sentencing takes place in the states, the federal sentencing guidelines exist to create some standardization throughout the country. If you have never had the federal sentencing guidelines explained, read on to educate yourself about this important legal framework.
What Are the Federal Sentencing Guidelines?
Before the federal Sentencing Guidelines existed, there was very little standardization or uniformity in punishments for federal crimes from state to state. Some crimes may have carried minimum or maximum sentences, but beyond that, judges had so much discretion that sentencing could seem arbitrary. Sentences for the same crime could be vastly different depending on the judge and the area of the country.
This lack of standardization and the resulting disparities in sentencing created a perception of unfairness in the justice system. In 1984, the Federal Sentencing Commission and the federal Sentencing Guidelines were established by an act of Congress. In short, the Guidelines put forward sentencing ranges for crimes by using a kind of score system.
The federal Sentencing Guidelines are not necessarily explicit instructions, and judges still have the ability to exercise their own discretion. They provide a framework in a series of steps that consider the basic nature of the offense, aggravating and mitigating factors, and the offender’s prior criminal record. Some federal offenses have mandatory minimum sentences, but most do not.
How Do Judges Apply the Guidelines?
When someone is convicted of a federal crime, the court that handles their trial uses the federal Sentencing Guidelines as a starting point for determining the appropriate sentence. Defendants are given an initial score based on the offense, and points are added or subtracted according to other aspects of the offense to reach a final score, which is then used to determine an appropriate sentencing range. The general steps in the process are as follows:
- Identify the base level offense.
- Add or subtract points based on the immediate circumstances of the offense.
- Add or subtract points based on relevant aspects of victim identity, the part the defendant played in the criminal activity, the absence or presence of obstructive behavior, whether there are multiple counts of the same offense, and whether the defendant has accepted personal responsibility for their actions.
- Determine the defendant’s criminal history score.
- Refer to the Sentencing Guidelines for suggested sentences based on the overall score.
- Consider any exceptions explicitly allowed by the Sentencing Guidelines (whether for a harsher sentence or a more lenient one).
- Pass the sentence.
Why You Should Hire a Federal Criminal Lawyer
If you are being charged with a federal crime, you should hire a federal criminal lawyer as soon as you can. Attorneys who are familiar with the federal justice system, including the federal Sentencing Guidelines, can make all the difference in cases that involve federal charges.
From the very beginning of the process, a lawyer with experience defending people against federal charges can provide educated oversight, helping to protect your rights and watching for any mishandling of your case. Police officers, prosecuting attorneys, and other court officials have to follow strict procedural rules during criminal proceedings. Failure to follow these rules can result in violations of a defendant’s rights, which can ultimately get a case dismissed.
Familiarity with the federal Sentencing Guidelines and how sentencing scores are calculated can also help your attorney build a more effective defense for you. Your lawyer can look at the sentencing chart and find every possible opportunity to reduce your overall score, which could result in a more lenient sentence for you.
FAQS
Can a Person Be Charged at Both the State and Federal Levels for the Same Offense?
Yes, it is possible to be charged at both the state and federal levels for the same offense, although the charges are likely to be slightly different at each level. For example, if someone was involved in an operation that moves drugs across state lines, they might be charged with drug possession on the state level and drug trafficking on the federal level, since the trafficking charges would span multiple state jurisdictions.
Do All Federal Crimes Result in Jail Time?
Although many federal crimes do come with possible jail sentences, it is possible for someone convicted of a federal crime to avoid prison. Some offenses may be punished by probation, community service, house arrest, or community confinement, such as a period of time living in a halfway house. In many cases, judges have ultimate discretion as to whether a prison sentence is warranted. As of 2026, there are nearly 154,000 inmates in federal custody.
Can Federal and State Sentences Be Served at the Same Time?
Yes. If a person is given a prison sentence at both the federal and state levels, those sentences can sometimes be served concurrently, or at the same time. However, this is not a guarantee. Since the state and federal justice systems are separate, and both have the power to impose their own sentences, a single federal or state judge cannot unilaterally declare that sentences will be served concurrently.
Do Offenders Usually Serve All of a Federal Prison Sentence?
Offenders usually serve most of a federal prison sentence, if not all of it. People in federal custody are not eligible for parole, so there is no possibility of serving only a small portion of a sentence and then being released. Inmates are eligible to shave small amounts of time from their sentences for good behavior. This usually amounts to a 54-day reduction per year of good behavior.
Contact the Law Offices of Robert Tsigler, PLLC
When you are facing federal charges, you need an attorney who is deeply familiar with how the federal justice system works, including the intricacies of the federal Sentencing Guidelines. At the Law Offices of Robert Tsigler, PLLC, we are a high-powered law firm with a staff of more than 35 individuals dedicated to serving our New York City clients.
Our attorneys, some of whom have been prosecutors in the past, bring extensive knowledge of the federal justice system to your service. Contact us to speak with a defense attorney today.
