Federal Crime Classifications and Punishments

At the Law Offices of Roderick C. White we believe that providing our clients with the knowledge necessary to make truly informed decisions is a part of effectively practicing law. Accordingly, below are links to information concerning the punishments of federal crimes:

• SENTENCING CLASSIFICATIONS OF OFFENSES
  
  
• MANDATORY LIFE IMPRISONMENT FOR VIOLENT FELONS
  
  
• MANDATORY MINIMUM TERMS OF IMPRISONMENT FOR VIOLENT CRIMES AGAINST CHILDREN
  
  
• DEATH OR LIFE IMPRISONMENT FOR CRIMES AGAINST CHILDREN
  
  
• MANDATORY LIFE INPRISONMENT FOR REPEATED SEX OFFENSES AGAINST CHILDREN

SENTENCING CLASSIFICATIONS OF OFFENSES

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:

• 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
  
• 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
  

MANDATORY LIFE IMPRISONMENT FOR VIOLENT FELONS

Notwithstanding any other provision of law, a person who is convicted in a court of the United States of a serious violent felony shall be sentenced to life imprisonment if the person has been convicted (and those convictions have become final) on separate prior occasions in a court of the United States or of a State of:

• two or more serious violent felonies; or
  
• one or more serious violent felonies and one or more serious drug offenses;
  
• and each serious violent felony or serious drug offense used as a basis for sentencing under this subsection, other than the first, was committed after the defendant’s conviction of the preceding serious violent felony or serious drug offense.
  

The term “serious violent felony” means:

• a Federal or State offense, by whatever designation and wherever committed, consisting of murder (as described in section 1111); manslaughter other than involuntary manslaughter (as described in section 1112); assault with intent to commit murder (as described in section 113 "a" (a)); assault with intent to commit rape; aggravated sexual abuse and sexual abuse (as described in sections 2241 and 2242); abusive sexual contact (as described in sections 2244"a_1" (a)(1) and (a)(2)); kidnapping; aircraft piracy (as described in section 46502 of Title 49); robbery (as described in section 2111, 2113, or 2118); carjacking (as described in section 2119); extortion; arson; firearms use; firearms possession (as described in section 924 "c" (c)); or attempt, conspiracy, or solicitation to commit any of the above offenses; and
  
• any other offense punishable by a maximum term of imprisonment of 10 years or more that has as an element the use, attempted use, or threatened use of physical force against the person of another or that, by its nature, involves a substantial risk that physical force against the person of another may be used in the course of committing the offense.
  

MANDATORY MINIMUM TERMS OF IMPRISONMENT FOR VIOLENT CRIMES AGAINST CHILDREN

A person who is convicted of a Federal offense that is a crime of violence against the person of an individual who has not attained the age of 18 years shall be subject to the following mandatory minimum sentences:

• if the crime of violence is murder, be imprisoned for life or for any term of years not less than 30, except that such person shall be punished by death or life imprisonment if the circumstances satisfy any of the requirements described in 18 U.S.C. § 3591 which includes actions such as intentionally killing the victim; intentionally inflicting serious bodily injury that resulted in the death of the victim; intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act;
  
• if the crime of violence is kidnapping (as defined in section 1201)or maiming (as defined in section 114), be imprisoned for life or any term of years not less than 25; and if the crime of violence results in serious bodily injury (as defined in section 1365), or if a dangerous weapon was used during and in relation to the crime of violence, be imprisoned for life or for any term of years not less than 10.
  

DEATH OR LIFE IMPRISONMENT FOR CRIMES AGAINST CHILDREN

A person who is convicted of a Federal offense that is a serious violent felony shall, unless the sentence of death is imposed, be sentenced to imprisonment for life, if—

• the victim of the offense has not attained the age of 14 years;
  
• the victim dies as a result of the offense; and
  
• the defendant, in the course of the offense, engages in conduct described in 18 U.S.C. § 3591 which includes actions such as intentionally killing the victim; intentionally inflicting serious bodily injury that resulted in the death of the victim; intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act.
  

MANDATORY LIFE INPRISONMENT FOR REPEATED SEX OFFENSES AGAINST CHILDREN

A person who is convicted of a federal sex offense in which a minor is the victim shall be sentenced to life imprisonment if the person has a prior sex conviction in which a minor was the victim, unless the sentence of death is imposed.