In terms of guidelines for punishment, the federal and state court systems utilize different sources. The federal courts refer to the “Federal Sentencing Guidelines” in order to help them determine penalties. These inform the court’s decision but are not mandatory so you could either a sentence either above or below those guidelines.
Read more about the differences between state crimes vs. federal crimes.
These guidelines are the rules and regulations that have been put together by both federal and state governments to determine what types of sentences to hand down. It encourages congruity and makes it easier to proceed with the judgment process. These guidelines break down crimes by type, level and enhancements. The criminal’s history is also factored into the decision concerning the punishment.
The United States Federal Sentencing Guidelines contain specific tables to instruct federal courts about the amount of time a criminal should serve and how much their fines should be. Although judges follow these guidelines, it does not mean that an attorney can’t get you a reduced punishment by arguing for an adjustment. If victim impact was minimal and there aren’t multiple instances of occurrence, your chances are even better.
Even if you are tried at the state level, the Federal Sentencing Guidelines may still apply. Although individual states have their own sets of these types of guidelines, some of them adhere to the federal courts’ guidelines as well. Again, your Miami criminal defense attorney will be aware of each set of rules used to govern your case and can rebuff the accusations accordingly.
Contacting a Miami Criminal Defense Attorney
If you are facing criminal charges in South Florida, your legal team is your best defense. Contact the Miami criminal defense attorneys at Falk & Ross to discuss your case – 877-663-5110.