Federal Sentencing Advocacy Lawyer
Strategic Sentencing Representation from an Experienced Federal Criminal Defense Firm
For individuals facing federal criminal charges, sentencing is often the most critical phase of the case. Whether you’ve pled guilty as part of a negotiated agreement or have been convicted at trial, the outcome of your sentencing hearing can determine whether you spend years in prison or receive a significantly reduced or alternative sentence.
At Sosinsky Law, we specialize in federal sentencing advocacy for clients charged with fraud and other white-collar crimes in New York City and across the country. We understand how the Federal Sentencing Guidelines, mandatory minimums, and judicial discretion interact—and we use every available tool, including mitigation strategies, expert reports in mitigation, and compelling narrative development to secure the most favorable result.
What Is Federal Sentencing Advocacy?
Federal sentencing advocacy is the strategic process of influencing the court’s sentencing decision through legal arguments, evidentiary presentations, and personal mitigation. The goal is to persuade the judge to impose a sentence that is below the guideline range, avoids a mandatory minimum, or incorporates alternative sentencing such as probation or home confinement. Effective sentencing advocacy requires:
- Deep knowledge of federal sentencing law and procedures
- An understanding of the U.S. Sentencing Guidelines
- A persuasive presentation of mitigating evidence
- Coordination with psychologists, forensic experts, and mitigation specialists
At Sosinsky Law, we prepare comprehensive sentencing submissions, deliver persuasive oral arguments, and work closely with the client and their family to develop a powerful and authentic case for leniency.
The Role of the Federal Sentencing Guidelines
Federal judges rely on the United States Sentencing Guidelines to determine an advisory sentencing range. These guidelines use a combination of:
- The base offense level (determined by the type of offense, e.g., fraud, drug trafficking)
- Enhancements or reductions based on specific conduct (e.g., role in the offense, obstruction, acceptance of responsibility)
- The defendant’s criminal history category
For example, a white-collar defendant convicted of wire fraud with no prior record might face a base offense level of 7, which can quickly escalate depending on the amount of financial loss, number of victims, use of sophisticated means, or abuse of trust. The final guideline range may recommend:
- 12 to 18 months for a low-level offense
- 63 to 78 months for a complex fraud scheme
- Over 10 years for major conspiracy or multi-million-dollar cases
While the guidelines are advisory, not mandatory, they remain highly influential in federal court. Judges typically start with the guideline calculation before considering any mitigating arguments.
Mandatory Minimum Sentences
Some federal statutes include mandatory minimum penalties, meaning the judge must impose a minimum term of imprisonment regardless of the circumstances. These are especially common in:
- Drug trafficking cases (5, 10, or even 20-year minimums depending on quantity)
- Firearm offenses under 18 U.S.C. § 924(c)
- Aggravated identity theft under 18 U.S.C. § 1028A (2-year mandatory consecutive sentence)
- Certain fraud-related enhancements if tied to terrorism or financial institution violations
While mandatory minimums can limit judicial discretion, experienced defense counsel may use mitigating evidence or cooperation provisions (such as a §5K1.1 motion or Rule 35) to avoid or reduce their application.
Key Elements of Effective Federal Sentencing Advocacy
1. Early Sentencing Strategy
We begin crafting a sentencing plan early, often while plea negotiations are underway. By preparing mitigation materials proactively, we lay the foundation for a persuasive and well-documented argument for leniency.
2. Detailed Sentencing Memorandum
We submit a sentencing memorandum to the judge before the hearing, which includes:
- Legal arguments for downward departure or variance
- Narrative biography of the defendant’s life and circumstances
- Summaries of character letters, employment records, and community support
- Supporting exhibits such as certificates, awards, or health records
This memorandum is often the most critical document the judge reads before sentencing.
3. Mitigation and Expert Reports
One of the most powerful tools in sentencing advocacy is the use of mitigation reports prepared by:
- Forensic psychologists or psychiatrists (evaluating mental health, trauma, addiction)
- Forensic social workers (detailing life history, socioeconomic factors)
- Vocational or financial experts (addressing ability to pay restitution or reintegrate into society)
These reports give context to the offense, provide insight into the defendant’s background, and offer a clinical explanation for the conduct. They can dramatically reduce sentencing exposure, especially in fraud and white-collar cases.
4. Humanizing the Defendant
We work closely with our clients and their families to present the defendant as a full human being, not just a case file. Judges respond to compelling stories of hardship, redemption, remorse, and resilience. We include:
- Letters from family, friends, employers, and religious leaders
- Evidence of community involvement or charitable acts
- Documentation of substance abuse recovery, therapy, or mental health treatment
By shifting focus from the offense to the individual, we create an opportunity for the judge to exercise compassion.
5. Alternative Sentencing Options
Federal judges have discretion to impose alternatives to incarceration, especially when supported by strong mitigation. These may include:
- Home detention or community confinement
- Probation with special conditions
- Restitution-based sentencing
- Mental health or substance abuse treatment programs
At Sosinsky Law, we develop comprehensive release plans that include housing, employment, supervision, and counseling support, making it easier for the judge to justify a non-custodial sentence.
Why Federal Sentencing Is Different in Fraud and White-Collar Cases
In fraud cases, such as healthcare fraud, wire fraud, securities fraud, or government contracting fraud, the sentencing guidelines are heavily influenced by:
- Loss amount
- Number of victims
- Use of sophisticated means
- Whether the defendant was in a position of trust
These factors can quickly elevate the offense level, even for non-violent first-time offenders. However, judges in white-collar cases often depart downward when shown that:
- The defendant’s conduct was aberrational
- There is a low risk of recidivism
- The defendant made restitution or accepted responsibility
- The impact of incarceration would be disproportionately harsh
At Sosinsky Law, we know how to present these arguments effectively, and we regularly secure downward variances for clients in complex fraud prosecutions.
Sentencing After a Trial vs. a Plea
Federal sentencing is more complicated for defendants who proceed to trial and are convicted. They may:
- Lose credit for acceptance of responsibility (a 2–3 level reduction)
- Face obstruction enhancements if accused of perjury or impeding justice
- Be sentenced on conduct not proven at trial, based on pre-sentence investigation reports (PSRs)
If you are headed to trial or have just been convicted, we can still mount a strong sentencing defense. Sosinsky Law is often retained post-verdict to provide sentencing expertise, particularly in high-stakes or white-collar cases.
Appeals and Post-Sentencing Options
If the judge imposes a sentence that is procedurally or substantively unreasonable, Sosinsky Law can evaluate the possibility of:
- Direct appeal to the Second Circuit
- Motion to reduce sentence under 18 U.S.C. § 3582(c)
- Compassionate release petitions
- Post-conviction relief or collateral attacks
Our knowledge of sentencing law doesn’t end at the hearing, we continue advocating for clients through every possible legal avenue.
Contact a Federal Sentencing Advocacy Lawyer in NYC Today
If you’re preparing for sentencing in a federal case, or seeking representation after a plea or trial verdict, don’t face it alone. The sentencing phase is your last chance to shape the outcome, and the right strategy can mean the difference between freedom and years in prison.
Call Sosinsky Law today to speak with a dedicated federal sentencing advocacy attorney in New York City. We’re ready to help you present your strongest case and move forward with hope and dignity.