If you are charged with a crime by the United States Department of Justice, you may be facing a mandatory minimum sentence, especially if you were arrested on federal drug charges or federal gun charges. However, you may be eligible for the safety valve provision which can significantly reduce your sentence. To learn more about the safety valve provision, along with the strict guidelines for qualifying, Bill Finn, a Raleigh federal lawyer, is sharing what you need to know.
Understanding Mandatory Minimum Sentencing
Mandatory minimum sentences are set by Congress, rather than passed down by a judge. If an individual is found guilty of specific crimes or their plea bargain is accepted, they will automatically receive at least the minimum sentence stated by the law.
For example, if you are convicted of drug trafficking 100 grams or more of heroin (but less than one kilogram), your mandatory minimum sentence is five years. However, if death or serious injury results from your actions, the mandatory minimum sentence is increased to 20 years.
While a judge can increase the sentence, the only way they can give a lesser sentence is if the Safety Valve Provision is applicable.
What Is the Safety Valve Provision?
The Safety Valve Provision is outlined in 18 U.S. Code § 3553 (f) and was passed by Congress as part of the Sentencing Reform Act in 1984. This was designed to ensure that disproportionate sentences were not given to nonviolent, “low-level” offenders with little to no criminal history. The Safety Valve is typically applied to drug crimes with a mandatory minimum, allowing a judge to reduce the sentence to less than what is required in the U.S. Code.
Reduced Offense Levels
In addition to the lighter sentence, the Safety Valve offers a two-point reduction in the total offense. Every federal crime has an “offense level” rated between one and 43, with the higher numbers representing more serious crimes or crimes with compounded factors. For example, if an offender obstructs justice during the investigation, the offense level is increased by two levels, whereas if they clearly accept responsibility for their actions, their offense level may be lowered by two levels.
For those who are eligible for the Safety Valve Provision, the reduction of two offense points can significantly reduce their sentence by months or even years.
Allowing Retroactive Sentence Reductions as of November 1, 2023
In April 2023, the U.S. Sentencing Commission promulgated an amendment to the federal sentencing guidelines, referred to as “Amendment 821” or the “2023 Criminal History Amendment.” Effective November 1, 2023, the amendment authorizes a court to reduce a defendant’s term of imprisonment if “extraordinary and compelling reasons” warrant a reduction and “such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.” This means that eligible incarcerated individuals can ask courts to reduce their sentences. Individuals whose requests are granted by the courts can be released from prison no earlier than February 1, 2024.
What Are the Requirements for Safety Valve Eligibility?
- To be eligible for this option, the offender must meet the following requirements:
Limited Criminal History: The U.S. Code’s sentencing guidelines have specific points assigned to prior convictions. More serious crimes have higher numbers of criminal history points. The defendant can’t have more than four criminal history points not including any 1-point offenses.
No Violence, Credible Threat, or Dangerous Weapon: This was a nonviolent crime, the defendant did not make any credible threats of violence, and they didn’t have a firearm or dangerous weapon. Also, the Court will look at whether the defendant aided, counseled, procured, or caused any co-conspirators to commit violence or possess a firearm during the crime.
No Death or Serious Injury Occurred: The offense can not have resulted in anyone’s death or serious bodily injury.
Did Not Organize or Lead Others: The defendant can not be the leader, organizer, or manager of a group committing the offense. For example, if the defendant exhibited any type of control over another individual concerning the offense, they are disqualified from receiving the Safety Valve Provision.
Cooperation with Investigators: The Court will show leniency if the defendant has provided federal investigators with comprehensive information and any evidence regarding their conduct in the case, including anything not included in the allegations.
Are All Federal Criminal Cases Eligible for the Safety Valve Provision?
The only applicable charges are those outlined in 18 U.S.C. 3553(f). This includes, but is not limited to:
- Distribution, manufacturing, or dispensing of a controlled or counterfeit substance (21 U.S. Code § 841)
- Simple possession of a controlled substance (21 U.S. Code § 844)
- Attempt and conspiracy to distribute, manufacture, or dispense a controlled or counterfeit substance (21 U.S. Code § 846)
- Importing or exporting a controlled substance or bringing it on board a vessel, aircraft, or vehicle. (21 U.S. Code § 960)
Speak with a Federal Lawyer in Raleigh 24 Hours a Day
If you are facing federal criminal charges, you need an experienced attorney on your side to help you secure the best practical outcome in your case. We represent clients in the Eastern District of North Carolina, including Raleigh, Fayetteville, Greenville, and Goldsboro. Reach out to Sandman, Finn & Fitzhugh today at (919) 887-8040 to schedule a free initial consultation, or fill out the form below to get started.