Lawrence, Kansas, Federal Sentencing Guidelines Attorney
Kansas Drug Conspiracy Lawyer
Federal sentencing guidelines are much more complex than state sentencing. You need an experienced, knowledgeable criminal defense attorney to help you fully understand the federal sentencing guidelines. You also need an attorney who has the skill and experience to fully tackle the complexities that arise in federal crimes.
At our law firm, Kerns Law Office, attorney John W. Kerns has over a decade of experience representing clients in state and federal courts in Kansas. He knows how the guidelines work and how to explain them in a way to help you understand how they will apply in your situation. For dedicated, experienced legal counsel in your federal criminal defense case, speak with Lawrence, Kansas, federal sentencing guidelines attorney John W. Kerns.
Minimum Sentencing Application for Federal Crimes
Federal sentencing can include statutory minimums for some crimes which are distinct and separate from the sentencing guidelines. Sentencing guidelines provide a base number which indicates a starting point in sentencing computation. This figure is determined by the criminal history score of the individual and the severity level of the crime committed. This range can increase based upon enhancements such as children being present at the time the crime was committed, the use of a gun or other weapon in the commission of the crime, or being categorized as a career criminal. This figure can be lowered based on factors such as minimal role or cooperation. Exceptions for mandatory minimum sentences do exist with specific requirements. Attorney John W. Kerns knows how to evaluate your situation and help you understand how the federal sentencing guidelines apply.
To learn more, read the federal sentencing guidelines.
Minimum Sentencing Exceptions
In certain circumstances, the prosecutor can recommend that the judge depart downward from the statutory minimums set out by the sentencing guidelines. For instance, a prosecutor can recommend lessening your penalties if you fully cooperate with the government and provide substantial assistance to authorities. This is commonly referred to as "5K departure" under Section 5K of the United States Sentencing Commission Guidelines Manual.
Even if a prosecutor does not recommend a 5K exception, a judge can decide that a defendant is eligible for a "safety valve" application under Title 18, if the defendant:
- Has no more than one criminal history point
- Has truthfully disclosed everything prior to sentencing
- Did not harm anyone due to the charged criminal behavior
- Did not use violence or a gun as part of the charged criminal behavior
- Is not the leader, manager or organizer of the criminal activity
Contact Our Criminal Defense Law Firm
If you want a strong advocate by your side during your federal criminal trial, call (785) 371-4159 or send us an e-mail. We offer free initial consultations for all new clients.