Have you been charged with a federal crime and are now facing sentencing in federal court? A skilled federal sentence mitigation lawyer can make a substantial difference in the length and conditions of your sentence. Contact the team at Elizabeth Franklin-Best, P.C. today at (843) 620-1100 to schedule a confidential case review to learn more.
Federal sentencing can affect every aspect of your life, from your freedom to your career and family. An experienced mitigation attorney can present compelling arguments, evidence, and personal history to the court to seek a more favorable sentence. Skilled advocacy at this stage can significantly influence the length and conditions of a federal sentence.
Why Choose Elizabeth Franklin-Best for Federal Sentence Mitigation?
Federal sentencing requires an extensive understanding of the Federal Sentencing Guidelines, statutory sentencing factors, and how to persuasively advocate before a federal judge.
Clients turn to Elizabeth Franklin-Best, P.C. for sentencing mitigation because:
- We have over four decades of combined experience handling serious criminal matters, including federal sentencing advocacy
- Attorney Elizabeth Franklin-Best has been recognized as Public Defender of the Year by the South Carolina Public Defender Association
- Our federal criminal team understands guideline calculations, departures, and variances
- We understand how federal judges evaluate character, conduct, and rehabilitation
- We prepare comprehensive mitigation presentations tailored to each client and judge
Every federal case is unique. Our approach will be tailored to your situation. We are focused on protecting you at every stage. We work to ensure the court understands your background, your acceptance of responsibility, and the real-world consequences of a lengthy federal sentence.
Call us today to schedule a confidential case review with a federal criminal defense attorney.
What Is Federal Sentence Mitigation?
Federal sentence mitigation refers to the process of advocating for a reduced or alternative sentence in federal court. This advocacy can occur before sentencing, at sentencing, and sometimes even post-conviction.
Mitigation focuses on presenting factors that justify a sentence below the advisory guideline range or one that is less severe than what the government is seeking.
These factors can include:
- Personal history and life circumstances
- Mental health or substance use issues
- Family responsibilities
- Military service or public service
- Lack of prior criminal history
- Acceptance of responsibility and remorse
- Rehabilitation efforts
- Disproportionate guideline outcomes
Effective mitigation can result in:
- Downward variances below the guideline range
- Reduced prison terms
- Alternative sentences such as probation or home confinement (when legally available)
- Shorter supervised release terms
- Avoidance of unnecessary enhancements
Federal judges are required to consider mitigation under 18 U.S.C. § 3553(a), which instructs courts to impose a sentence that is not greater than necessary to accomplish the goals of sentencing.
When Does Federal Sentence Mitigation Occur?
Sentence mitigation can begin early in a federal case. It is often most effective when developed well before sentencing.
Mitigation may occur at several stages, including:
- During pre-charge or investigation, when early advocacy may influence charging decisions
- During plea negotiations to position the case for favorable guideline treatment
- After a guilty plea or verdict, when preparing a sentencing memorandum
- At the sentencing hearing itself, through argument and supporting evidence
In some cases, mitigation efforts can also support post-sentencing relief, such as compassionate release motions or sentence reductions, depending on the circumstances.
How Federal Sentencing Works
Federal sentencing is governed primarily by the Federal Sentencing Guidelines, which calculate an advisory sentencing range based on:
- The offense level
- Relevant conduct
- Specific offense characteristics and enhancements
- Acceptance of responsibility
- Criminal history category
These guidelines are no longer mandatory, but they can still shape sentencing. Judges must correctly calculate the guideline range before considering whether a variance or departure is appropriate.
The Role of a Federal Sentence Mitigation Attorney
A federal sentence mitigation attorney helps shape how the court views both the offense and the person being sentenced. This requires extensive advocacy experience and a thorough understanding of what judges look for when considering mitigation.
A federal sentencing mitigation lawyer is responsible for:
- Analyzing guideline calculations and challenging improper enhancements
- Identifying grounds for downward departures or variances
- Preparing detailed sentencing memoranda supported by records and exhibits
- Presenting evidence of rehabilitation, treatment, or restitution
- Coordinating expert evaluations when appropriate
- Preparing clients for allocution before the court
- Addressing collateral consequences, including immigration, employment, and licensing
At Elizabeth Franklin-Best, P.C., our goal is to ensure the sentence imposed is fair and consistent with the law, not simply the product of a formula.
Common Mitigation Factors in Federal Sentencing
Effective federal sentence mitigation seeks to identify and present factors that justify a sentence lower than what the government seeks or what the advisory guidelines recommend. These factors are evaluated under 18 U.S.C. § 3553(a) and must be supported with credible evidence.
Common mitigation factors in federal cases include:
- Personal history and background, including childhood trauma or unstable family environments
- Mental health conditions
- Substance use disorders
- Lack of prior criminal history
- Acceptance of responsibility and genuine remorse
- Rehabilitation efforts, including counseling, education, employment, or community involvement
- Family responsibilities
- Military service or public service
- Disproportionate guideline outcomes
- Collateral consequences, including loss of career, professional licenses, immigration consequences, or lifelong stigma
Presenting a full and accurate picture of who you are and how the offense fits into your life story can meaningfully influence the sentence imposed.
Variances vs. Departures
In federal sentencing, mitigation arguments typically take the form of either a departure or a variance. While these terms are often used interchangeably, they have distinct legal meanings.
A departure is a sentence adjustment that occurs within the structure of the Federal Sentencing Guidelines. Departures are authorized by specific guideline provisions and are usually based on factors identified within the Guidelines. Departures are more constrained and often require meeting technical criteria.
Examples include:
- Substantial assistance to the government
- Certain mitigating circumstances were not adequately considered by the Guidelines
- Overrepresentation of criminal history
A variance is a sentence imposed outside the advisory guideline range based on the broader statutory sentencing factors in § 3553(a). Variances give judges greater flexibility and are often the primary vehicle for meaningful mitigation.
At Elizabeth Franklin-Best, P.C., we analyze both options carefully. In many cases, an evidence-backed variance argument offers the strongest path to a reduced sentence.
Types of Crimes and Charges Eligible for Mitigation
Sentence mitigation is available in virtually all federal criminal cases, although the strategies and likelihood of success vary depending on the charge, statutory minimums, and guideline framework.
Our firm regularly handles mitigation in cases involving:
- White collar crimes
- Financial and regulatory offenses
- Drug offenses
- Firearms offenses
- Computer and cyber crimes
- Public corruption and abuse of authority cases
- Federal supervised release violations
No federal case should be viewed as “hopeless” at sentencing. Strategic mitigation can make a difference even in cases involving mandatory minimum sentences.
Post-Sentencing Relief
Mitigation does not always end once a sentence is imposed. In certain circumstances, post-sentencing relief may be available to reduce or modify a federal sentence.
Potential post-sentencing options include:
- Compassionate release motions, based on extraordinary and compelling circumstances such as serious medical conditions or family needs
- Sentence reduction motions
- Appeals related to sentencing errors, including guideline miscalculations or procedural defects
- Post-conviction advocacy, including motions related to conditions of confinement or supervised release
Post-sentencing relief is highly fact-specific. Early mitigation work can strengthen future requests for relief.
At Elizabeth Franklin-Best, P.C., we evaluate each stage of your case to determine where mitigation advocacy will be most effective. When your liberty, career, and future are on the line, you need an attorney who understands how sentencing works and how to humanize you before the court.
Contact a Federal Sentence Mitigation Attorney Today
If you are facing federal charges, early mitigation is of the utmost importance. Federal sentencing is one of the most impactful moments in a criminal case. The sentence imposed can shape your freedom, your family’s future, and your ability to rebuild your life.
At Elizabeth Franklin-Best, P.C., we bring 43 years of experience and deep knowledge of federal sentencing law to every case. We do not treat mitigation as an afterthought. We explore opportunities for favorable outcomes from the very start of your case.
If you or a loved one is facing federal sentencing or wants to explore mitigation options, contact our team today for a confidential consultation with a federal sentence mitigation lawyer. Your future deserves urgent advocacy.