One can only hope to never be charged with a Federal crime. But if you are, Federal crimes carry much harsher sentences than State Court. Why?
1. Federal statutes have harsher and tougher sentencing laws than State statutes on crimes that can be filed in State or Federal Court.
2. Generally, the maximum punishment for Federal crimes is much higher.
3. Federal prosecutors have much less discretion in negotiating plea bargains.
4. Federal judges have much less discretion in sentencing decisions.
5. Federal judges must follow strict sentencing guidelines procured by the Federal legislature.
6. Federal crimes carry stringent punishment enhancements for most every crime.
For example, in a possession of child pornography case, where the punishment is severe to begin with, the ultimate sentence can be increased for many additional reasons that seem to be an inherent part of the underlying crime. For example:
Use of the computer
The exact number of images
The exact age of the children in the images
If the images are sadistic or masochistic
Video file vs. a photo image
If the images involve sexual exploitation or abuse
Relationship of the defendant to the minor
So, it is not as simple as being charged with a crime and being punished it. In Federal Court, your sentence will be negatively affected by many more factors that may not seem fair or just.
To navigate through the Federal Court system successfully, you must contact Wallin &
Klarich to help you or your loved one. With over 30 years of experience as Federal Law Sentencing attorneys, Wallin & Klarich will assist you in this difficult time. Visit our website at www.wklaw.com or call us at 888-749-0034. We will be there when you call.