Federal Penalties
Federal Felony Penalties
Class A felony federal offenses are penalized by a maximum sentence of life imprisonment, sometimes even the death penalty. The maximum period of additional supervised release is 5 years. The probation period for a felony is between 1 and 5 years. If not otherwise directed by the relevant federal statute, the maximum fine for a felony is not more than $250,000.
Class B felony federal offenses are penalized by a maximum sentence of 25 years of more of incarceration. The maximum period of additional supervised release is 5 years. The probation period for a felony is between 1 and 5 years. If not otherwise directed by the relevant federal statute, the maximum fine for a felony is not more than $250,000.
Class C felony federal offenses are penalized by a maximum sentence ranging from 10 to 25 years of prison time. The maximum period of additional supervised release is 3 years. The probation period for a felony is between 1 and 5 years. If not otherwise directed by the relevant federal statute, the maximum fine for a felony is not more than $250,000.
Class D felony federal offenses are penalized by a maximum sentence ranging from 5 to 10 years of prison time. The maximum period of additional supervised release is 3 years. The probation period for a felony is between 1 and 5 years. If not otherwise directed by the relevant federal statute, the maximum fine for a felony is not more than $250,000.
Class E felony federal offenses are penalized by a maximum sentence ranging from 1 to 5 years of prison time. The maximum period of additional supervised release is 1 year. The probation period for a felony is between 1 and 5 years. If not otherwise directed by the relevant federal statute, the maximum fine for a felony is not more than $250,000.
Federal Misdemeanor Penalties
Class A misdemeanor federal offenses are penalized by a maximum sentence ranging from 6 to 12 months of jail. The maximum period of additional supervised release is 1 year. The probation period for a federal misdemeanor is up to 5 years. If not otherwise directed by the relevant statute, the maximum fine for a class A misdemeanor is not more than $100,000, or $250,000 if the criminalized act results in death.
Class B misdemeanor federal offenses are penalized by a maximum sentence ranging from 30 days to 6 months in jail. The probation period for a federal misdemeanor is up to 5 years. If not otherwise directed by the relevant statute, the maximum fine for a class B misdemeanor is not more than $5,000, or $250,000 if the criminalized act results in death.
Class C misdemeanor federal offenses are penalized by a maximum sentence ranging from 5 days to 30 days in jail, or a probation period of up to 5 years. If not otherwise directed by the relevant statute, the maximum fine for a class C misdemeanor is not more than $5,000, or $250,000 if the criminalized act results in death.
Federal infractions are penalized by a maximum sentence ranging from 5 days in jail, to no jail time at all. Fines for infractions are capped at $5,000.
Sentencing classification of federal offenses
A federal offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is—
(1) life imprisonment, or if the maximum penalty is death, as a Class A felony;
(2) twenty-five years or more, as a Class B felony;
(3) less than twenty-five years but ten or more years, as a Class C felony;
(4) less than ten years but five or more years, as a Class D felony;
(5) less than five years but more than one year, as a Class E felony;
(6) one year or less but more than six months, as a Class A misdemeanor;
(7) six months or less but more than thirty days, as a Class B misdemeanor;
(8) thirty days or less but more than five days, as a Class C misdemeanor; or
(9) five days or less, or if no imprisonment is authorized, as an infraction.
Term of supervised release after federal imprisonment
Except as otherwise provided, the authorized terms of supervised release are—
(1) for a Class A or Class B felony, not more than five years;
(2) for a Class C or Class D felony, not more than three years; and
(3) for a Class E felony, or for a misdemeanor (other than a petty offense), not more than one year.
Maximum federal fines
An individual who has been found guilty of an offense may be fined not more than the greatest of—
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $250,000;
(4) for a misdemeanor resulting in death, not more than $250,000;
(5) for a Class A misdemeanor that does not result in death, not more than $100,000;
(6) for a Class B or C misdemeanor that does not result in death, not more than $5,000; or
(7) for an infraction, not more than $5,000.
Sentence of federal probation
The authorized terms of probation for federal offenses are—
(1) for a felony, not less than one nor more than five years;
(2) for a misdemeanor, not more than five years; and
(3) for an infraction, not more than one year.
Applicability of Federal Probation
This court’s ability to penalize a defendant is not unlimited. Instead, the penalties for each conviction are limited by the United States Code, which authorizes this Court to order limited punishment for a defendant convicted of a particular offense. Pursuant 18 U.S.C. § 3551, this court only has the power to impose (1) a term of probation, (2) a fine as authorized, or (3) a term of imprisonment. The Court must choose one penalty but cannot impose all of them — note Congress’ use of a disjunctive “or” instead of a conjunctive “and” in the enumeration of the penalties. An exception is carved out in 18 U.S.C. § 3551 for a fine — a fine is explicitly permitted to be tacked to another penalty. No other tacking or conjunctive exceptions are specified.
Then, 18 U.S.C. § 3561(a)(c) repeats Congress’ limitation on the Court to order both probation and imprisonment, stating that probation may be ordered unless the defendant is sentenced a term of imprisonment for the same offense. Therefore, federal law requires a district court to choose between probation and imprisonment when imposing a sentence.
Computation of Federal Guidelines
Federal penalties for serious offenses require computation and review through the United States Sentencing Commission Guidelines. A guidelines outline can be found here.
