What Are The Federal Sentencing Guidelines

October 25, 2020

By Criminal Defense Lawyer Jeremy Rosenthal

jeremy@texasdefensefirm.com

(972) 369-0577

The federal sentencing guideline is an elaborate and detailed chart which are designed to make federal sentencing uniform – or close to it – across the country.

Here is the current sentencing table (November, 2018):

Interpreting The Guidelines

This is the million dollar question.  Literally.  There is an entire manual published by the United States Sentencing Commission (“USSC”) discussing how to interpret the guidelines.  You can visit them here.  Each of the numbers in the center of the chart are the range months in federal prison a person could be sentenced to serve.

Base Offense Level

Very Generally Speaking, the column on the far left is labeled “offense level.”  Every federal offense is given a starting level and this level can be adjusted upwards or downwards based on various factors in the case.

For example, a person typically has their base offense level lessened if they cooperate with the government.  A person normally gets their base level increased if there are aggravating factors for their offense – such as they took a leadership role in a conspiracy.

Criminal History Category

The row at the top of the chart is for criminal history points.  The more trouble the person has been in throughout their life, the higher it can kick the sentence range.

The Guidelines are Advisory – Not Mandatory

The USSC was created by congress as an independent branch of the judiciary in the mid 1980’s.  They conceived of the sentencing guidelines and the guidelines were mandatory for judges to follow until the US Supreme Court ruled the right to trial by jury required the guidelines to be advisory only.  See United States v. Booker, 543 U.S. 220 (2005).

Though advisory, they are still typically followed.  Federal judges can and often do issue “downward departures” from the sentencing ranges for mitigating circumstances.

*Jeremy Rosenthal is certified in criminal law by the Texas Board of Legal Specialization.  He has been designated as a Texas Super Lawyer by Thomson Reuters.

 

 

Comments Off on What Are The Federal Sentencing Guidelines | Uncategorized | Tagged: , , , , , , | Permalink
Posted by niftybrady

They Got the “Owner” Wrong on the Indictment

October 29, 2019

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.texasdefensefirm.com

A question I get from time to time in theft cases is the “owner” of the property as alleged by the prosecution is not really the owner at all.  Sometimes it is someone whose name the accused doesn’t recognize at all

So Who Is the Person They’re Saying is the Owner?

It is often a loss prevention officer of the store or often an office holder if the ‘victim’ of the theft is a company or organization of some type.

Tex.Code.Crim.P. 1.07(35) defines an owner as a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor.

When the perpetrator is attaining property in an unauthorized manner — they have no interest in the property therefore any other person even with minimal control of the property can be considered an “owner.”

Does it Really Matter Who the State Lists as the Owner?

Not usually.  Take most shoplifting cases — the “owner” of the property is typically listed as a loss prevention person or in some instances even the store itself.  It often isn’t contested.

But Here’s Where This Issue Can Get Weird:

Let’s say the person listed as the owner of the property in the indictment (or information in a misdemeanor) normally has less interest in the property than the accused.  For instance, the treasurer of an organization is accused of theft and a regular member is listed as the owner (but was perhaps the informant).

In that instance, the prosecution would argue the treasurer was stealing – so therefore they have no interest in the money stolen whereas the regular member has minimal interest — but still more than the stealing treasurer.  But the counter-argument is Treasurer is presumed innocent as a matter of law, so what you get are “chicken & egg” arguments on either side.

Just a legal pit I’ve fallen into several times over the years!

*Jeremy Rosenthal is an Attorney Licensed in Texas.  He is Board Certified in Criminal Law by the Texas Board of Legal Specialization and is a 2019 Super Lawyer as designated by Thomson Reuters.

Comments Off on They Got the “Owner” Wrong on the Indictment | Robbery, Theft, Trial Advocacy | Tagged: , , , | Permalink
Posted by niftybrady

White Collar Crime

September 15, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

texasdefensefirm.com

“White Collar Crime” refers generally to corporate crimes including but not limited to fraud, bribery, insider trading, embezzlement, computer crimes, money laundering, identity theft and forgery.  White collar allegations can be particularly detail oriented both with the facts and with the law.

What Makes Charges Scary

Having Defended multiple cases — the pattern you sometimes see is the investigators decide you’re a criminal first and then go about putting their case together later.

White collar cases — with the often hundreds if not thousands of documents tend to be like huge mosaics.  Anyone can take a portion of the documents to paint a certain picture which may not reflect how a business or transaction was really conducted.

If you’re charged with a white collar crime you need a lawyer who can show investigators, prosecutors and juries the 40,000 foot view instead of a handful of cherry-picked documents.

Major Differences Between Other Charges

Unlike every-day “street” crimes, “white collar crimes” can be very document-intensive and require experienced counsel that is experienced in document review and analysis.  Prosecutors may take a 1,200 page stack of documents and breeze over them to make sure it fits their theory of the case — but a white collar criminal defense lawyer doesn’t have that luxury.  A white collar crimes lawyer has to understand that the key evidence that can lead to acquittal can be buried on page 1,034 in the third paragraph from the bottom.

Additionally, the prosecution in white collar cases can fall into many traps.  Charging crimes such as embezzlement and misappropriation of fiduciary property is tricky — and some prosecutors, for example, lazily try to prosecute these cases like it was shoplifting from a big-box store.  An experienced white collar defense lawyer can expose and utilize such prosecutorial errors.

If you’re accused of a white-collar crime you should involve counsel immediately.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For any legal advice for any specific situation you should directly consult an attorney.

1 Comment | Uncategorized, White Collar Crime | Tagged: , , , , , , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.