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Federal charges often carry harsher penalties than comparable Texas state charges because of four features of the federal system: sentencing guidelines that start from a calculated range, mandatory minimum sentences that set a floor, no parole, and supervised release after prison. Each works differently from punishment in a Texas state court, so a county courtroom sentence says little about what similar conduct brings in federal court.

What Makes a Case Federal Instead of a Texas State Case?

A case is federal when the conduct violates a law passed by Congress. Under Section 3231 of Title 18 of the U.S. Code, federal district courts hold original jurisdiction over offenses against the laws of the United States, and the statute leaves state court jurisdiction in place. Federal cases from Sugar Land, Fort Bend County, and Houston are heard in the U.S. District Court for the Southern District of Texas.

Because the same conduct can fall under both systems, the charging decision, made by a county district attorney or a United States Attorney’s office, decides which sentencing rules apply.

How Do Federal Sentencing Guidelines Set a Sentence Range?

Federal sentencing starts from a calculated range. On the U.S. Sentencing Commission’s sentencing table, the offense is scored into an offense level, the person’s record into a criminal history category, and the point where they meet gives a range in months. An offense level of 15 with criminal history category III, for example, produces 24 to 30 months.

The guidelines are advisory, but Section 3553 of Title 18 requires the court to consider that range and to impose a sentence sufficient, but not greater than necessary, to meet the purposes Congress set. Texas starts elsewhere. Under Section 12.32 of the Texas Penal Code, a first degree felony is punished by life or 5 to 99 years in prison, a wide band with no guideline table inside it.

What Is a Mandatory Minimum Sentence?

A mandatory minimum is a floor written into the statute itself. After a conviction for that offense, the judge generally cannot go below it, whatever the guideline range or personal circumstances, although narrow exceptions exist, such as the safety valve for certain drug defendants and a government motion for substantial assistance. Three federal rules put these floors in play:

• Drug quantity: Under Section 841 of Title 21, the two highest quantity tiers for federal drug trafficking offenses carry floors of 10 years and 5 years
• Firearm counts: Section 924(c) of Title 18 sets floors of 5, 7, or 10 years for a firearm possessed, brandished, or discharged in a drug trafficking crime or crime of violence, and that term cannot run at the same time as any other sentence
• Conspiracy: Under Section 846 of Title 21, a person convicted of conspiring to commit a federal drug offense faces the same penalties as the completed offense

Is There Parole in the Federal System?

No. For federal crimes committed on or after November 1, 1987, there is no parole, which is one reason a federal sentence and a Texas sentence of the same length can mean very different time in custody:

A Texas eligibility date is when a release decision becomes possible, not a promise of release. Some federal prisoners can also earn First Step Act time credits through programs that move up their transfer to supervision or prerelease custody, though many offenses are excluded.

Supervised Release Extends Federal Punishment After Prison

A federal sentence does not end at the prison gate. Under Section 3583 of Title 18, a court may add a term of supervised release, time in the community under court-set conditions, and must add one when a statute requires it. A court can revoke supervision on a finding by a preponderance of the evidence, meaning more likely than not, and send the person back to prison without credit for time already spent on supervision. Revocation terms are capped by the class of the original offense, from 5 years for a Class A felony down to 1 year in other cases, so federal exposure can continue for years after the prison term ends.

What If You Think You Are Under Federal Investigation?

Many choices that shape federal exposure, such as which charges are filed, the drug quantity alleged, and whether a firearm count is added, are settled by the time an indictment is filed. A target letter, a grand jury subpoena, or a visit from federal agents can be the first sign of an investigation, and defense counsel can be involved at that point, before any interview with agents. Destroying documents or deleting files after learning of an investigation can lead to separate charges.

Talk With Us About Why Federal Charges Carry Harsher Penalties

Facing a possible federal case is frightening, especially when the rules look nothing like the state system you may know. The Love DuCote Law Firm LLC represents clients facing state and federal charges, and managing partner Jeremy B. DuCote has more than 18 years of experience representing clients in federal and state courts.

Our federal crimes defense work serves clients in Sugar Land, Fort Bend, Houston, Harris County and Katy, Texas, and virtual meetings are available. Call 832-662-1294 or contact us today to learn why federal charges carry harsher penalties and what that could mean for you.

The Love DuCote Law Firm LLC – Texas Office
1600 Highway 6, Suite 480
Sugar Land, Texas 77478

Phone: (832) 786 2949
Fax: (832) 553 7765