How sentences are actually set
In federal court, judges begin with the advisory Sentencing Guidelines, where the amount of loss and the number of victims tend to carry heavy weight, and then consider broader statutory factors, including your history and the circumstances of the offense. Because the guidelines are advisory, a judge can sentence above or below them with reasons. In New York state court, the possible range is tied to the specific charge and its grade, and some lower-level fraud and larceny convictions are resolved without incarceration. A probation officer usually prepares a presentence report, and what goes into it can matter a great deal. For these reasons, a prison sentence for fraud is rarely predictable from the charge name alone.
What can be prepared now
Much of sentencing advocacy is built well before the hearing. Records of employment, family responsibilities, health conditions, community involvement, and any steps taken to repay victims can all be relevant. Letters from people who know you are common, but they carry more weight when they are specific and truthful than when they offer general praise. Restitution is usually part of a fraud sentence where there are identifiable victims, and showing a realistic plan to pay it can matter. Prepare for the presentence interview with your lawyer, because what you say to the probation officer goes directly to the judge.
Questions worth raising early
If a plea is under discussion, ask how the loss amount is being calculated and whether it can be disputed, since disagreements over that figure often matter more than the charge itself. Ask about alternatives such as home confinement, about programs available in custody, and about practical matters like voluntary surrender and placement recommendations. For non-citizens, immigration consequences must be reviewed before any plea. We will not give you a number on a first call, but we will explain what is driving your exposure and what can still be influenced.
