Federal Sentencing: The Base Offense level

Part 1: Base Offense Levels

The first part of this series will focus on the foundation of a federal sentence. It is referred to as the “Base Offense Level” and is where the calculations of a federal sentence recommendation starts. This is, by a wide margin, the most simple piece to federal sentencing. All federal crimes come with a base-number that starts the calculations for a basic sentencing recommendation.

Different crimes have different minimum standards that must be met before a crime is able to be prosecuted. For example, a Wire Fraud prosecution must have elements of deceit, use of electronic payment transfers, and a few other elements of interstate commerce before it can be considered a federal crime.

The Base Offense Level considers what, at a minimum, a punishment should be if a conviction is secured against a defendant for that specific crime. Therefore, the base offense level is the starting point. The point at which the prosecutor can start building a higher sentence upon.

For most offenses, a Base Offense Level will start with a single-digit number. For Wire Fraud and many other financial crimes, the base offense level is either 6, or 7 (if the specific crime carries a possible maximum sentence of 20 years or more).

Sound confusing yet? It gets very complex the further into the subject you get. But, for base offense levels, there is usually a mid-single-digit number that is associated with the crime category (financial, drug, immigration, etc.) that starts the sentence computation.

In Part 2 of this series, the adjustments to the base offense level are explored in detail.

 

Go to the the Intro/Primer 
Go to Part 2: Offense Level Adjustments 
Go to Part 3: Criminal History Category

About PCR Consultants

PCR Consultants started 8 years ago as a small consulting and document preparation firm specializing in federal criminal cases. Specifically, we started helping clients who couldn’t afford, or didn’t want, a private defense attorney to help them apply for early release from federal probation.

Today we help clients in all phases of federal prosecution, from arrest to probation. We even do pardon applications. For a free consultation about federal sentencing questions, e-mail us at info@pcr-consultants.com or give us a call at (480) 382-9287.

Federal Sentencing Explained in Plain English

Federal Sentencing Primer

After a plea deal is signed, which happens in well over 90% of federal criminal prosecutions, the next phase in a case is sentencing. Most first-time offenders really don’t know exactly how this sentencing is done or considered by federal courts, prosecutors, and judges.

While defense attorney’s are supposed to do a thorough job explaining this process, and most do their best, the process is still mystical in the minds of most defendants. This 3-part series is going to dive into the meat of what is held in the Sentencing Guidelines Manual, and how sentences are handed down in federal criminal court.

The Sentencing Guidelines Manual

What is the Sentencing Guidelines Manual? It is a great big book that explains in excruciating detail every possible crime and factor that can be associated with all those crimes when contemplating a sentence.

To explain a little better, say a defendant pleaded guilty to a drug dealing crime. That right there is 8 points. Then the quantity of the drug adds more points. Then a firearm that was carried during the drug deal adds more points. Then the prior convictions of the defendant get factored in and, voila, a range of 110-128 months is the final outcome.

The purpose of this series is to explain just how all of this works. From the simple to the complex, after reading all three parts to this series, the basic process will be easy to follow and, hopefully, take some of the mystery and fear away from a few defendants and their families out there in America.

Part 1: The Base Offense Level
Part 2: Offense Level Adjustments
Part 3: Criminal History Category

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About PCR Consultants

PCR Consultants started 8 years ago as a small consulting and document preparation firm specializing in federal criminal cases. Specifically, we started helping clients who couldn’t afford, or didn’t want, a private defense attorney to help them apply for early release from federal probation.

Today we help clients in all phases of federal prosecution, from arrest to probation. We even do pardon applications. For a free consultation about federal sentencing questions, e-mail us at info@pcr-consultants.com or give us a call at (480) 382-9287.