Federal courts mandate certain minimum sentences for some crimes. Federal minimum sentencing laws in Oklahoma are not subject to judicial discretion — meaning that a judge may not sentence a defendant for an amount of time less than the mandated minimum. This is true even for plea deals and in situations where a judge may be inclined to a more lenient sentence given the circumstances.
A federal judge is free to give any sentence that is over the minimum. Here are some of the crimes subject to federal minimum sentencing laws in Tulsa, Oklahoma.
Drug Crimes
One of the biggest areas of federal minimum sentencing law is drug crimes. Minimum sentences for drugs depend on such circumstances as the crime committed, the amount of the drug involved, whether serious injury or death occurred as a result, and whether this is a first or subsequent conviction.
Federal drug crimes are governed by the Controlled Substances Act or the Controlled Substances Import and Export Act. 21 US Code § 801 et seq.
Minimum sentences range from 5 years to life in prison depending on the circumstances.
More About Federal Minimum Sentencing for Drug Crimes
On the less serious end of federal drug crimes are sentences for simple possession.
A first conviction for simple possession is punishable by up to a year in prison and a fine of at least $1,000.
A conviction for simple possession with one prior conviction is anywhere from 15 days to 2 years in prison and a fine of at least $2,500.
If you have two or more prior convictions, you could face anywhere from three months to three years behind bars and a fine of at least $5,000. 21 US Code § 844
There is another provision for those caught for the first time carrying just enough of an illegal drug for their own use. In that case, you will be subject to a civil penalty up to $10,000, but no prison time. However, this does not apply if you have been convicted of any prior federal or state drug crime.
Punishments for trafficking are more severe. To manufacture, distribute, dispense, or possess with the intent to do the same a drug such as heroin, a Schedule I drug, is against federal law. Again, the amount involved and extenuating circumstances dictate the minimum sentence imposed.
Just like Oklahoma state law, federal law uses schedules to categorize illegal drugs. The more dangerous drugs are handled in Schedules I and II.
If the amount of a Schedule I drug such as heroin, is 100 grams or more, an offender is looking at at least five years in prison. If the amount is a kilo or more, the offender could be subject to a minimum of 10 years in prison. Sentences are longer for repeat offenders and when serious injury or death results. 21 US Code § 841
Weapons Crimes
Firearms offenses and drug crimes often go hand in hand. Most federal weapons offenses involve either being caught carrying a firearm as a felon or under another prohibited classification, or offenses involve possessing, brandishing, or discharging a firearm while engaging in a crime of violence or drug distribution or trafficking crime; these are known as “924” crimes.
If caught, a felon or other person prohibited from carrying may face up to 10 years in prison. However, there is no mandatory minimum sentence for the crime. 18 US Code § 922
However, weapons offenses in connection with a violent crime or a drug crime can result in a prison term from five years to life depending on whether you are possessing, brandishing, or discharging the weapon. In addition, this prison time is added to any prison time attached to the associated violent crime or drug crime. 18 US Code § 924
For a second offense, the mandatory minimum sentence is 25 years to life.
Federal Minimum Sentencing for Immigration Crimes
Most immigration crimes involve either illegal entry (8 US Code § 1325) or illegal re-entry (8 US Code § 1326) into the United States. Immigrants who enter illegally are prosecuted and deported.
Mandatory minimum sentences adhere to people within the United States who illegally aid or bring in aliens whom they believe or should have reason to believe will commit a felony or be used for commercial or private financial gain. If convicted, the crime carries a mandatory minimum prison sentence of three to five years. 8 US Code § 1324
White Collar Crimes: Aggravated Identity Theft
Aggravated identity theft is a federal crime. The statute prohibits a person from knowingly transferring, possessing, or using identifying information belonging to another without authority in connection with a federal law violation of another felony. When identity theft occurs in this manner, the mandatory minimum sentence is two years in prison.
Also, federal law prohibits such use of identifying information in connection with terrorism offenses. This crime is punishable by at least five years in prison. 18 US Code § 1028A
By its nature, the crime of identity theft involves at least two crimes — the identity theft itself and the crime with which the identity theft was used.
In addition, sentences for this crime must be served consecutively rather than concurrently. That means if a person is convicted of two separate crimes, the sentence for the first crime must be fully served before the sentence for the second crime can begin to run.
Federal Minimum Sentencing for Sex Crimes
Sex crimes are most often handled at the state court level. However, there are instances when sex crimes are federal violations. For example, when a sex crime occurs on federal land, the matter is then handled in federal court. This is the case with sexual assaults that occur in federal prison and on other federal land.
When child pornography is transmitted on the internet or across state lines, the matter is treated as a federal sex crime. And when sex crimes somehow involve commerce or travel across state lines, they come under federal jurisdiction.
While this area of the law encompasses a number of different crimes, the mandatory minimum sentences are all harsh.
Aggravated sexual assault is punishable by any number of years up to life in prison.
If the assault involves a child under 12, an offender could face 30 years for a first offense and life in prison for a second offense. 18 US Code § 2241
Sex trafficking of a child with no force involved mandates 10 years in prison. If force is involved, an offender will face at least 15 years in prison. 18 US Code § 1591
Child pornography mandates at least 15 years in prison, 25 years if you have one prior conviction, 30 years if you have two prior convictions, and 35 years if death results. 18 US Code § 2251
These crimes are serious. If you are facing federal charges that involve a mandatory minimum sentence, you must speak to a Tulsa federal criminal defense lawyer as soon as possible.
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When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a free consultation with an experienced Tulsa felony defense lawyer to discuss your available legal options.
Call the Tulsa Criminal Defense Law Firm at 918-756-9600.
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