Fighting for Freedom and Justice.
THE GORDON LAW FIRM, P.C.
Call Today for your Free Consultation - (210) 531-9700
AREAS OF PRACTICE
Attorney Stephen H. Gordon
Founder and President of
The Gordon Law Firm, P.C.
5820 IH-10 West, Suite 400
San Antonio, Texas
Copyright 2014 - The Gordon Law Firm, P.C.
All Rights Reserved
Criminal Cases - General Info (Continued)
FEDERAL CRIMINAL CASES
INTRODUCTION
Federal criminal offenses are much more serious and complicated than regular state charges. Sometimes a person is charged with a federal crime because they commit an offense on federal government property (like a DWI on a military base). Sometimes they violate a specific federal statute (mail fraud, major drug conspiracy cases, felon in possession of a firerarm, etc.).
CLASSIFICATION OF FEDERAL CRIMES
18 U.S.C. § 3559 entitled Sentencing Classification of Offenses classifies federal criminal offenses by the maximum term of imprisonment authorized. The classifications are as follows:
FELONIES
- Class A Felony - life imprisonment or death
- Class B Felony - twenty-five years or more
- Class C Felony - less than twenty-five years but ten or more years
- Class D Felony - less than ten years but five or more years
- Class E Felony - less than five years but more than one year
MISDEMEANORS
- Class A Misdemeanor - one year or less but more than six months
- Class B Misdemeanor - six months or less but more than thirty days
- Class C Misdemeanor - thirty days or less but more than five days
- Infraction - five days or less, or if no imprisonment is authorized
PROBATION MUCH MORE DIFFICULT TO GET
Probation is much more difficult to get in a federal criminal case than in a state case. For serious drug related crimes it is rare for even a first time, non-violent offender to avoid doing at least some jail time.
MANDATORY MINIMUMS
To make matters worse, many felony offenses come with a "mandatory minimum" prison sentence as much as 5 years or more.
SENTENCING GUIDELINES
A person's sentence is also calculated by looking at the "United States Sentencing Guidelines" and a chart called the "Sentencing Table." The sentence is left up to the judge, who will take these Guidelines into account but is not legally bound to follow them. This is much different from the state criminal system. There the Defendant and prosecutor typically agree on probation or a specific number of years in jail in a plea bargain, so the Defendant knows exactly what to expect.
NOT ALL CRIMINAL LAWYERS CAN HANDLE FEDERAL CASES
Because the rules are so complex, not every criminal lawyer can handle federal criminal cases. A lawyer has to have special permission to practice in federal court. Our Firm has an attorney who has experience practicing in federal court.
We have handled federal cases ranging from assault, DWI, drug conspiracy cases, felon in possession of a firearm, fraud, immigration, sex offender registration, and theft. We have beat the odds and obtained dismissal/reduction of criminal charges, or secured probation is many different cases over the years.
MOTIONS TO REVOKE PROBATION OR SUPERVISED RELEASE
If a person is accused of violating the terms of their probation, the court may issue a warrant for their arrest. They are then entitled to a hearing to determine whether or not they have violated the terms of their probation. We can help you try to stay on probation and out of jail.
APPEALS
If things do not go as planned in your criminal case, or you end up with a jail sentence, there may still be a way out. We can file an appeal of your criminal case. (There are restrictions and deadlines involved).
We have experience in filing appeals in both state and federal court. Specifically, we have filed appeals to the 4th Court of Appeals, the Texas Court of Criminal Appeals, the 5th Circuit Court of Appeals, and even the United States Supreme Court. We know how to file direct appeals and a Writ of Habeas Corpus. We also have experience in filing a Motion for New Trial, and Motion for "Shock Probation."
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