How Criminal History Points Impact Your Federal Sentence
By James L. Spies | AggressiveCriminalLaw.com
When people face sentencing in federal court, they are often shocked at how much their past comes back to haunt them. Even old misdemeanors or minor convictions can add criminal history points under the Federal Sentencing Guidelines. Those points can push your recommended sentence years higher, which is why understanding them—and fighting them when possible—is so important.
What Are Criminal History Points?
Criminal history points are part of the U.S. Sentencing Guidelines calculation. Along with your offense level, they determine your Criminal History Category (I through VI). The higher the category, the harsher the sentencing range.
Here is how points are generally assigned:
3 points for prior sentences over one year and one month.
2 points for prior sentences of at least 60 days.
1 point for other convictions, including probation, fines, or short jail terms.
The points add up quickly, and even small convictions can push you into a higher category.
Why Criminal History Matters So Much
Sentencing ranges in federal court come from two factors: your offense level and your criminal history category. Together, these create the “grid” that judges consult at sentencing.
For example:
An offense level 20 with Criminal History Category I might mean 33 to 41 months.
The same offense level with Category VI could mean 70 to 87 months.
In other words, prior convictions can nearly double your recommended sentence.
Common Issues With Criminal History Calculations
Not every conviction should count, but probation officers often calculate aggressively. Some sticking points include:
Old convictions: Many have time limits and may not be scoreable.
Juvenile cases: Some can count, depending on age and sentence length.
Multiple cases sentenced on the same day: These can sometimes be treated as one conviction rather than two.
Minor offenses: Certain petty or local convictions may not be scoreable under the Guidelines.
Can Criminal History Points Be Challenged?
Yes. An experienced federal sentencing lawyer can:
Object to improper points in the Presentence Investigation Report (PSR).
Argue that separate cases should be treated as one.
Highlight rehabilitation and argue that the Guidelines overstate the seriousness of the criminal history.
Request a downward variance under 18 U.S.C. § 3553(a) when the criminal history score does not fairly represent who you are today.
Why You Need the Right Lawyer
Your criminal history score can be the difference between probation and years in prison. Prosecutors and probation officers usually push for every point they can get. Without someone on your side who understands the Guidelines, you could end up in a higher category than you should be.
Conclusion
Criminal history points are not just numbers. They are one of the most powerful drivers of federal sentences. Knowing how they are calculated—and how to challenge them—can make a major difference in your case.
If you or a loved one is facing federal sentencing in Kansas City or anywhere in the region, talk to an experienced federal defense lawyer who knows the Guidelines and how to fight for a fair outcome.
