One of the specific offense characteristics for robbery, which has a base offense level of 20, involves the use of a firearm.If the burglary resulted in a loss of more than $5,000, one level is added for a loss of more than $1,500,000, five levels are added. The offense level for a residential burglary starts at 17 and goes up based on how much property was stolen.Called "specific offense characteristics," these factors will ultimately affect the sentence an offender receives. Specific Offense Characteristics: Raising the Offense Levelįor specific crimes, the guidelines may outline particular factors that can increase (or, in a few instances, decrease) the base offense level. The final offense level is determined by taking the base offense level and then adding or subtracting from it any specific offense characteristics and general adjustments that apply (discussed next). The base offense level, however, is just a starting point. Burglary of a residence has a base offense level of 17. For example, first-degree (premeditated) murder has a base offense level of 43. Each offense is assigned a base offense level. Offense Levels: How Serious Was the Crime?Īs discussed above, the sentencing guidelines provide 43 levels of offense seriousness. Judges are advised to choose a sentence from within the guideline range unless they identify a factor that the Sentencing Commission failed to consider that should result in a different sentence. (An excerpt from the table can be found below.) The point at which the offense level and criminal history category intersect on the table determines an offender's sentencing guideline range. The offense levels and criminal history categories are placed on a sentencing table-with the offense levels listed on the vertical axis and the criminal history categories listed on the horizontal axis. An individual offender is also assigned to one of six "criminal history categories," based upon the extent and recency of past criminal activity. The higher the offense level is, the more severe the crime is. The guidelines assign most federal crimes an "offense level" between one and 43. In addition to promulgating the guidelines, the commission advises the other branches of government on criminal policy matters and collects and analyzes crime and sentencing data.
Sentencing Commission, which is part of the judicial branch of the federal government. 220 (2005).) The United States Sentencing Commissionįederal sentencing guidelines are written by an independent agency called the U.S. But a judge who wants to impose a sentence that differs from the guidelines sentence-whether it's harsher or more lenient-must explain the rationale for doing so. The guidelines are advisory, not mandatory. Intended to give federal judges fair and consistent sentencing ranges to consult when they are handing down a sentence, the guidelines are based on both the seriousness of the crime and the particular offender's characteristics and criminal record. The federal sentencing guidelines are rules that federal judges are required to consider when sentencing someone who has been convicted of a federal crime.
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