Back

Determining Sentences for a Federal Criminal Offense | Houston Criminal Law

Dan Cogdell | 838 Views | 08/26/2015

Federal Criminal Offenses

You’re charged with a federal criminal offense, and you want to know, “What kind of sentence am I facing? If I’m convicted, what’s the punishment going to be?” Hello. My name is Dan Cogdell. I’m a criminal defense lawyer here in the state of Texas. I been practicing criminal defense work for 32 years.

Sentencing Factors in a Federal White-Collar Criminal Case

Here are some of the factors that can affect the sentence in a federal white-collar criminal case. Now keep in mind, of course, unless there’s a conviction, obviously there’s not going to be a sentence. But some of the factors that can affect the sentences include the following.

Amount of Loss

First, the amount of loss. How much money was in play is a big driver in how large or small the sentence is.

Suspect’s Role

A second thing that can affect the length of a sentence is what the given individual’s role was. Whether they were a leader, an organizer, an average participant or a minimal participant, where the person fit in the scheme of the things, if you will, is important.

Criminal History

Another factor, of course, is the individual’s criminal history. Whether or not that individual has or has not had a prior federal or state conviction is a factor.

Number of Victims

Another issue is how many people were affected by the scheme. In a case like the Enron case or the Stanford case where you’ve got tens of thousands of investors, generally speaking those sentences are going to be far more severe than in a much smaller case.

Complexity

One of the other drivers that can affect the length of the sentence is how complex it was. What sort of schemes were utilized? If it took special expertise or special education or there was an abuse of trust, all these things can drive the length of a sentence up, or conversely, if they don’t exist, can drive a sentence down.

Federal Judge Decides Sentence

But know this. A judge, and only a federal judge in the federal system, can control ultimately what the sentence is going to be. In other words, the most important person in the room in a federal case, if there is a day of sentencing, is one person and one person only. And that’s that federal judge.

Being Charged With a Federal Offense

The moral of the story is this. If you are charged with a federal offense, you need to hire a lawyer that knows not only the law, that knows and understands not only the facts, but knows and understands the federal judge, what that judge’s tendencies, what that judge’s predispositions, and what that judge’s history has been, not because that lawyer’s going to go play golf with the judge. That’s not going to happen. Not because that lawyer’s going to sit down and have a cup of coffee with that federal judge. That’s not going to happen. But what is going to happen, if you’re going to be represented properly, is your lawyer has got to understand the federal judge that he or she is in front of and know what to expect or know what not to expect.

Cogdell Law Firm

If you have questions and you’re charged with a federal crime, call me. We’ll be happy to discuss the issues. We’ll be happy to discuss the federal sentencing guidelines. We’ll be happy to discuss the so-called aggravating and mitigating factors that exist in any federal case. We’ll be happy to discuss the different types of plea agreements that may be available or may not be available. But call us. We’re here to help you if we can. I’m Dan Cogdell. Thank you.

By: Dan Cogdell

Determining Sentences for a Federal Criminal Offense | Houston Criminal Law

Federal Criminal Offenses

You’re charged with a federal criminal offense, and you want to know, “What kind of sentence am I facing? If I’m convicted, what’s the punishment going to be?” Hello. My name is Dan Cogdell. I’m a criminal defense lawyer here in the state of Texas. I been practicing criminal defense work for 32 years.

Sentencing Factors in a Federal White-Collar Criminal Case

Here are some of the factors that can affect the sentence in a federal white-collar criminal case. Now keep in mind, of course, unless there’s a conviction, obviously there’s not going to be a sentence. But some of the factors that can affect the sentences include the following.

Amount of Loss

First, the amount of loss. How much money was in play is a big driver in how large or small the sentence is.

Suspect’s Role

A second thing that can affect the length of a sentence is what the given individual’s role was. Whether they were a leader, an organizer, an average participant or a minimal participant, where the person fit in the scheme of the things, if you will, is important.

Criminal History

Another factor, of course, is the individual’s criminal history. Whether or not that individual has or has not had a prior federal or state conviction is a factor.

Number of Victims

Another issue is how many people were affected by the scheme. In a case like the Enron case or the Stanford case where you’ve got tens of thousands of investors, generally speaking those sentences are going to be far more severe than in a much smaller case.

Complexity

One of the other drivers that can affect the length of the sentence is how complex it was. What sort of schemes were utilized? If it took special expertise or special education or there was an abuse of trust, all these things can drive the length of a sentence up, or conversely, if they don’t exist, can drive a sentence down.

Federal Judge Decides Sentence

But know this. A judge, and only a federal judge in the federal system, can control ultimately what the sentence is going to be. In other words, the most important person in the room in a federal case, if there is a day of sentencing, is one person and one person only. And that’s that federal judge.

Being Charged With a Federal Offense

The moral of the story is this. If you are charged with a federal offense, you need to hire a lawyer that knows not only the law, that knows and understands not only the facts, but knows and understands the federal judge, what that judge’s tendencies, what that judge’s predispositions, and what that judge’s history has been, not because that lawyer’s going to go play golf with the judge. That’s not going to happen. Not because that lawyer’s going to sit down and have a cup of coffee with that federal judge. That’s not going to happen. But what is going to happen, if you’re going to be represented properly, is your lawyer has got to understand the federal judge that he or she is in front of and know what to expect or know what not to expect.

Cogdell Law Firm

If you have questions and you’re charged with a federal crime, call me. We’ll be happy to discuss the issues. We’ll be happy to discuss the federal sentencing guidelines. We’ll be happy to discuss the so-called aggravating and mitigating factors that exist in any federal case. We’ll be happy to discuss the different types of plea agreements that may be available or may not be available. But call us. We’re here to help you if we can. I’m Dan Cogdell. Thank you.

By: Dan Cogdell