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Criminal Defense Blog

When your freedom, reputation, and future are at risk, you need fierce courtroom advocacy backed by genuine compassion. At Amanda Hernandez Law, we defend clients in state and federal courts throughout San Antonio and Bexar County.

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Amanda Inez Hernandez

Why Federal Sentencing Is So Serious

Federal sentencing is often more serious than state sentencing because federal convictions can carry lengthy prison terms, mandatory minimum penalties for certain crimes, and sentencing rules that can significantly affect the outcome of a case. Even after a guilty plea or conviction, the sentence isn’t automatic. The judge must consider several legal factors before deciding what sentence to impose.

If you’re facing federal charges in San Antonio, our San Antonio federal crime attorney at Amanda Hernandez Law, PLLC, can evaluate the sentencing issues in your case, identify factors that may reduce your sentencing exposure, and present arguments that support the lowest lawful sentence.

Federal Cases Typically Carry Harsher Penalties

Many federal crimes involve large-scale investigations, multiple agencies, or conduct that crosses state lines. Because of this, Congress has established substantial penalties for many federal offenses, including certain drug crimes, firearms offenses, fraud, and child exploitation cases. Some federal crimes also have mandatory minimum sentences, meaning the judge can’t order a sentence below a certain prison term unless a legal exception applies.

Federal judges must consider the factors listed in 18 U.S.C. § 3553(a), such as the seriousness of your offense, your history and characteristics, and the need to protect the public and promote respect for the law, when deciding on your sentence.

What You Should Know About the Federal Sentencing Guidelines

Federal judges also calculate a recommended sentencing range under the United States Sentencing Guidelines. Although these Guidelines are advisory rather than mandatory, they remain an important starting point in every federal sentencing.

The recommended range depends on factors such as the type of offense, the amount of financial loss or drugs involved in some cases, the use of a weapon, and the defendant’s criminal history. A mistake in calculating the guideline range can have a significant impact on the recommended sentence, making careful legal review essential.

For example, two people convicted of similar fraud offenses may receive different guideline ranges if one is held responsible for a larger financial loss or has a more extensive criminal history. Those differences can increase the recommended sentence before the judge considers whether a different sentence is appropriate.

A Lower Sentence May Still Be Possible

The Sentencing Guidelines don’t automatically determine the final sentence. After calculating the advisory range, a judge may impose a lower or higher sentence when the law and the facts support that decision.

For instance, the court may consider a person’s background, family responsibilities, military service, rehabilitation efforts, or other circumstances that help explain why a different sentence is appropriate. Our federal crime lawyer in San Antonio can identify these mitigating factors and present them to the court in a clear and persuasive way.

Sentencing Preparation Begins Long Before Your Hearing

A sentencing hearing is often influenced by the work completed beforehand. Attorneys may gather employment records, medical information, character letters, or other evidence that provides the court with a more complete picture of your circumstances. In San Antonio, federal criminal cases are typically heard in the U.S. District Court for the Western District of Texas. Preparing for sentencing early allows your defense counsel to address important issues before the judge makes a final decision.

Our San Antonio Federal Crime Lawyer Provides Strong Sentencing Advocacy

A federal sentence isn’t based solely on the charge itself. The advisory guideline range, the evidence presented to the court, and the arguments made at sentencing can all influence the outcome. Reach out to Amanda Hernandez Law, PLLC, and arrange your confidential case assessment online or at 210-369-4040 if you’ve been charged with a federal offense. Our federal crime attorney in San Antonio can begin preparing for sentencing from the earliest stages of your case and advocate for the most favorable result the law allows.

Schedule A Consultation With A San Antonio Defense Attorney

If you or a loved one is facing criminal charges, do not wait. Contact me at Amanda Hernandez Law, PLLC today. You deserve a compassionate and experienced criminal defense lawyer. I look forward to telling you more about how I can help you with your case.