Are you currently serving a federal sentence or charged with a federal crime? If so you could be eligible for significant reduction in federal sentencing. To understand if you’re eligible you should hire an experienced federal criminal defense attorney as soon as possible and learn about your rights under a major new change to federal sentencing guidelines.
What is a zero point offender? How have federal sentencing guidelines changed?
New federal sentencing guidelines have major impacts for people serving federal sentences or charged with serious federal crimes. Zero point offender changes will affect offenders with no prior criminal history or no criminal history points who could find their sentences reduced by two points even if they are currently serving sentences for federal crimes.
The changes in federal sentencing guidelines for zero-point offenders are reflected in a larger USSC (United States Sentencing Commission) amendment, specifically Amendment 821 at §1b1.10. This amendment introduces the concept of the Zero Point Offender reduction.
Defendants with zero criminal history points are eligible for the Zero Point Offender reduction.
The reduction is generally appropriate for Zero Point Offenders falling in Zone A or Zone B of the Federal Sentencing Table.
One of the most radical aspects of the new amendments is the retroactivity adjustment.
This retroactive adjustment potentially makes nearly 7,300 incarcerated individuals eligible for reduced sentences, effective from February 1, 2024.
What are the exceptions?
Certain conditions must be met to qualify as a zero point offender, such as no use of violence or threats, no charges related to a sex crime, no substantial financial harm caused, no use of a firearm, no violation of a victim’s civil rights, and no involvement in a hate crime.
Defendants with prior criminal history: new changes have opposite effect
While the new amendments are good news for defendants with no prior criminal history, defendants with a prior criminal history are advised to be on guard for the new changes. These changes will affect defendants with previous convictions adversely in the future.
Higher penalties are proposed for alleged high-level drug traffickers. Stricter guidelines are proposed for repeat offenses related to illegal entry into the U.S. and alleged illegal possession of firearms by convicted felons.
If you are charged with a serious federal crime it’s imperative to contact a highly experienced federal criminal defense attorney as soon as possible to discuss any impacts of sentencing guidelines on an impending criminal trial.
Overall, the new changes will have positive benefits but they may have adverse affects for people charged with serious federal crimes. This is a significant overhaul to federal sentencing guidelines and anyone charged with a federal crime should discuss these impending changes with a Federal Criminal Defense attorney soon as possible to understand the impacts.
At Dhar Law, LLP, we have decades of experience defending serious crimes in federal court. We provide an accessible and robust defense to our clients offering translation services in all major languages. If you are wondering whether new federal sentencing guidelines will apply to you we advise getting in touch with our experienced federal criminal defense team as soon as possible.
To find out what your options and legal rights are and to speak with a Boston federal defense lawyer, Please contact our offices or text us today at 617-880-6155 for a free consultation.
