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If you or a loved one is facing federal charges, one of the most critical aspects of your case—beyond whether you are found guilty or not—is how sentencing will be determined. Unlike state court proceedings, where sentencing can sometimes feel arbitrary or inconsistent, the federal system uses a detailed and structured set of rules known as the Federal Sentencing Guidelines. These guidelines can significantly influence the length and type of punishment imposed after a conviction.
At the Law Office of James R. Snell, Jr., LLC, our attorneys are admitted to practice in South Carolina state courts, federal courts, the Fourth Circuit Court of Appeals, and the United States Supreme Court. If you're searching for a federal defense lawyer in Columbia, SC, or a federal defense lawyer in Lexington, SC, we have the experience and credentials to help protect your rights at every stage of the case.
How Federal Charges Are Brought
One major difference between state and federal criminal cases lies in how charges are initiated. In South Carolina’s state courts, charges are often brought by law enforcement officers at the scene of an alleged crime—sometimes within minutes.
In contrast, federal criminal charges are only brought after extensive review by the United States Attorney’s Office. Federal prosecutors carefully examine the evidence before deciding to move forward. They pursue only those cases they believe they can win. As a result, the federal conviction rate is extraordinarily high.
In fact, of the 71,594 federal defendants whose cases were resolved in 2022, only 290 (about 0.4%) went to trial and were found not guilty. This staggering statistic reflects the seriousness and preparation that go into federal prosecutions.
The Two Halves of a Federal Case
From a defense standpoint, a federal criminal case consists of two primary legal challenges:
Guilt or innocence — Whether the government can prove the defendant committed the charged offense
Sentencing — If the defendant is found guilty or pleads guilty, how should they be sentenced?
The second half—sentencing—often becomes the most significant part of a federal case.
What Are the Federal Sentencing Guidelines?
The Federal Sentencing Guidelines are a set of rules that help judges determine fair and consistent sentences. Each federal offense has a base level, and then additional points may be added or subtracted based on specific factors, such as:
The quantity of drugs involved (in drug conspiracy cases)
Whether a weapon was used
The defendant’s role in the offense
Whether the defendant accepted responsibility by pleading guilty
Whether the defendant cooperated with law enforcement
Each of these factors adjusts the “offense level”, which in combination with the defendant’s criminal history category, generates a recommended sentencing range in months of imprisonment.
Sentencing Hearings and Pre-Sentence Reports
Sentencing does not happen automatically. Before a final sentence is imposed:
The U.S. Probation Department prepares a Pre-Sentence Investigation Report (PSR) based on discovery materials, interviews, and other facts.
The defense has the right to review and challenge the PSR’s findings.
The court may hold sentencing hearings, similar to mini-trials, where evidence and legal arguments are presented to resolve disputes over guideline factors.
Although the guidelines are advisory, they are highly influential in how judges craft their sentences. Both prosecutors and defense lawyers can file motions for departures or variances to argue for adjustments based on specific case details.
Why Guidelines Matter
Understanding and influencing the application of sentencing guidelines can dramatically change the outcome of a federal case. A difference of just a few points can mean years off a prison sentence. That’s why working with a defense attorney who knows the intricacies of federal sentencing is critical.
At the Law Office of James R. Snell, Jr., LLC, we handle a wide range of federal offenses, including:
Mail Fraud
Theft of Public Funds
Weapons Charges
Fraud Against the Government
Manufacture or Distribution of Child Pornography
Whether you need a federal defense lawyer in Columbia, SC, or a federal defense lawyer in Lexington, SC, our team is prepared to provide you with aggressive, knowledgeable representation.
Schedule Your Free Consultation
If you’ve been contacted by a federal agency or are under investigation for a federal crime, you need experienced legal counsel immediately. Federal prosecutors have the full power of the United States government behind them—you deserve a defense team that’s equally prepared.
Call (803) 359-3301 today to schedule your free, confidential consultation. Let us help you protect your rights, understand your options, and build the strongest defense possible.
Law Office of James R. Snell, Jr., LLC
Federal Criminal Defense | Columbia and Lexington, South Carolina