Federal Downward Departure Sentence
– by Tampa Criminal Defense Attorney Daniel J. Fernandez
If you have been arrested for a federal offense and are anticipating a sentencing hearing, you may be eligible for a downward departure from the sentencing guidelines. A sentencing hearing in federal court is a hearing at which the court determines what sentence to impose on a defendant. The experienced Tampa criminal defense attorneys at Fernandez & Hernandez aggressively represent clients who have been arrested in the Tampa Bay Area, including Hillsborough County, Pinellas County, Polk County, Manatee, Sarasota Count, Pasco County, Hernando County, and throughout the State of Florida.
Federal district court judges must consider the seven factors set forth by 18 U.S.C. § 3553(a) in determining a sentence:
(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(2) the need for the sentence imposed—
(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;
(3) the kinds of sentences available;
(4) [the applicable Sentencing Guidelines];
(5) any pertinent [Sentencing Guidelines] policy statement
(6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and
(7) the need to provide restitution to any victims of the offense.
Section 3553(a) embodies the “parsimony principle,” which, requires a district court to “assign a sentence ‘sufficient, but not greater than necessary to comply with the purposes’ of sentencing” set forth in Section 3553(a)(2).
Sentencing under Section 3553(a) therefore requires the Court to start with the minimum sentence permissible and add only so much additional punishment, if any, as is necessary to comply with Section 3553(a)’s purposes.
Why Should I Contact a Criminal Defense Attorney?
If you have been arrested for a federal offense and are anticipating a sentencing hearing, seek the help of an experienced criminal defense attorney. The process is complex and requires someone with experience and knowledge concerning this very serious step in a federal downward departure sentence.
What Happens at Sentencing in a Federal Criminal Case?
The § 3553(a) factors include: the nature and circumstances of the offense and the history and characteristics of the defendant, the need for the sentence to reflect the seriousness of the offense, the need for the sentence to afford adequate deterrence to criminal conduct, the kinds of sentences available, the range established under the Sentencing Guidelines, any pertinent policy statements of the Sentencing Commission, the need to avoid unwarranted sentencing disparities, and the need to provide restitution to victims. 18 U.S.C. § 3553 (a)(1)-(7).
Why Fernandez & Hernandez?
At Fernandez & Hernandez, the criminal defense attorneys are familiar with the laws governing sentencing and have extensive experience dealing with downward departure sentences. Our attorneys have established a successful track record of results in obtaining reasonable sentences for defendants convicted of serious federal offenses.
If you have been charged with a federal offense and are anticipating a sentencing hearing you may be entitled to a downward departure from the sentencing guidelines. Fernandez & Hernandez can assist you. Criminal defense attorney Daniel J. Fernandez can help guide you through the process. Our firm has represented clients in numerous sentencing hearings. Many of these hearings have resulted in downward departure sentences.
If you have been arrested for a federal offense and may be facing a federal sentencing hearing if convicted, call Tampa criminal defense lawyer Daniel J. Fernandez of Fernandez & Hernandez for a free consultation now.
Tampa Criminal Defense Attorney Daniel J. Fernandez
Attorney Daniel J. Fernandez of Fernandez of Fernandez & Hernandez provides legal representation for individuals in criminal cases. Our Tampa criminal defense attorneys welcome the opportunity to interview with you. Our Tampa Attorneys Daniel Fernandez and Martin Hernandez are bilingual.
If you have been charged with a federal offense in the Tampa Bay area call Tampa criminal Defense lawyer Daniel J. Fernandez of Fernandez & Hernandez for a free consultation now. We recommend also reading his reviews on Google Reviews, Avvo and Yelp.
Call Tampa Criminal Defense Attorney Daniel J. Fernandez of Fernandez & Hernandez at 813 229-5353 or read more at: www.CriminalDefenseLawyerTampa.com
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