How State Convictions Can Affect Federal Sentencing

As a federal criminal defense attorney based in California, Nate Crowley often asked if having a history of state offenses can affect federal sentencing. The answer is yes.

When you commit a federal offense, your sentence is calculated using Criminal History Category (CHC),The CHC is determined based on the defendant’s past convictions, including both state and federal offenses.

While the Federal Sentencing Guidelines primarily address federal crimes, a defendant’s criminal record from state convictions are part of the equation when a federal judge when the CHC is calculated.

How Federal Sentencing is Calculated in Federal Court

The Federal Sentencing Guidelines assign points for each prior conviction, and these points determine the defendant’s CHC, which ranges from Category I (least serious offenders) to Category VI (most serious offenders).

Some of the factors to do with the state that the court considers include:

• Type of conviction: Serious state offenses like violent crimes or drug trafficking will generally lead to higher points, which increases the CHC.
• Sentence imposed: The length of the sentence for a state conviction also plays a role. Sentences over one year and one month carry more weight than shorter sentences.
• Time since the conviction: Older state convictions may not count if they fall outside certain time limits (typically 10-15 years), depending on when the current federal offense was committed.
• Recency of the offense: Recent state convictions—especially if they occurred close to the federal crime—can increase the CHC.

For example, if you were convicted of a violent crime in state court and later face federal charges, that prior conviction will likely contribute points toward your CHC, increasing your recommended sentence.

The Impact of. Minor State Convictions

Not all state convictions have the same impact on CHC. Some minor state convictions, such as misdemeanors or infractions, may carry fewer or no points. For example, low-level offenses like minor traffic violations or public intoxication might not significantly affect your criminal history score. However, if those minor state offenses form a pattern of repeated behavior, they can still contribute to an upward departure in sentencing.

The Sentencing Guidelines list several minor offenses that might not count toward the CHC, such as:

• Loitering
• Minor traffic infractions
• Juvenile offenses (in some cases)

If the prior state conviction is deemed insignificant or unrelated to the nature of the federal offense, it may have minimal impact on the CHC.

1. Minor State Offenses in California

Here are some examples of minor state offenses in California

Infractions:

• Traffic violations such as speeding, running a red light or not wearing seatbelt
• Public Disorder such as loitering, public intoxication (not causing harm) or minor vandalism
• Municipal Code Violations such as failing to have a proper business license or minor noise violations.

Misdemeanors:

• Petty theft as in stealing items of low value (usually under $950.00).
• Simple Assault as in causing a minor injury or assault without using a weapon.
• Disturbing the Peace such as engaging in loud or disruptive behavior

Infractions generally result in fines and don’t carry jail time, while misdemeanors can lead to fines and up to a year in county jail. Always check local laws, as specifics can also vary by jurisdiction (just to make things more complicated!)

3. Juvenile State Convictions

Juvenile convictions in California can also affect the CHC, but they are treated differently. Juvenile sentences that involve confinement for over one year and one month, or were imposed within five years of the federal offense, may add points to your CHC. However, more minor juvenile offenses, especially those that occurred long ago, might not count toward your CHC.

4. Expunged or Sealed State Convictions

If you have a prior state conviction that has been expunged or sealed, it may not be included in your CHC calculation. However, the federal court may still consider expunged or sealed records in some cases, especially if the offense was serious. This varies based on the circumstances of the case and how the court views the underlying facts of the expunged offense.

It’s important to consult with an experienced defense attorney that knows state law, like Nate Crowleys, to understand whether expunged or sealed state convictions will be counted in your CHC.

5. Upward Departures for Underrepresented Criminal History

If a judge believes that a defendant’s CHC underrepresents their actual criminal history or the seriousness of their prior state offenses, they may impose an upward departure. This can occur if a defendant has multiple state convictions that, while individually minor, reflect a pattern of criminal behavior that isn’t fully captured by the CHC.

For example, if a defendant has several misdemeanor state convictions that don’t add many points to their CHC, but these convictions demonstrate a consistent disregard for the law, the judge might increase the sentence beyond the standard range.

6. State Convictions as Aggravating Factors

Even when a state conviction doesn’t directly impact the CHC, it can still act as an aggravating factor. For instance, if the federal crime is similar in nature to a prior state conviction (such as drug trafficking), the judge may view the state conviction as evidence of a pattern of illegal behavior, leading to a harsher sentence through an upward variance.

Conclusion

In short, state cases do affect the Criminal History Category in federal sentencing. State convictions—whether minor or serious—can add points to your CHC, which can significantly increase the length of a. federal sentence. Even juvenile or minor convictions may contribute, depending on the circumstances.

Understanding how your state criminal record impacts your CHC is critical to navigating federal sentencing, and working with skilled federal offense attorney Nate Crowley is essential to potentially mitigating the effects of prior state offenses.

Are State Offenses Affecting Your Federal Sentencing? Nate Crowley, Criminal Federal Defense Lawyer Can Help.

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