The Severity of a Probation Violation
It is uncommon for a person who is convicted of a federal crime to receive a probation sentence without any other type of penalties, but it does happen. More often, though, a person is required to serve a probation term after being released from federal prison. Based on the severity of the offense of which you were convicted, the probation term that you will be required to serve ranges from one year to five years. During this period, your behavior will be closely examined as it would during any probation term. So what is a probation violation?
Unfortunately, federal probation violations can occur in a number of ways. In the case of probation violations, though, there are sometimes options to decrease the penalties that you ultimately end up facing, which is why it is often essential to contact an experienced attorney after being charged with the violation. It also helps to understand some important details about the nature of these violations.
How Probation Violations are Classified
A federal violation of probation occurs when a person violates another law or a term of the probation. As is the case with other criminal offenses, the sentencing potential for these offenses is directly related to the severity of the offense committed. Probation violations are broken into the following categories:
- Grade A Violations. These violations occur when a person commits a federal, state, or local offense that is punishable by a minimum of one year in prison. To constitute a grade A violation, the offense must be a crime of violence, a controlled substance offense, or possession of a firearm or destructive device. A person can also face a grade A probation violation for committing any type of local or state offense that results in 20 or more years in prison.
- Grade B Violations. These violations include any type of federal, state, or local offense that is punished by imprisonment of greater than one year.
- Grade C Violations. These violations include any federal, local, or state offenses that are punished by one year in prison or less. Grace C violations also include any other violation of supervision terms.
How Probation Violations are Reported
In the case of grade A and B violations, a federal probation officer will report them to the court. If you are found to have committed the violations, your probation will be revoked and you will face imprisonment based on the grade of the violation involved. If you are charged with a grade C violation, an experienced attorney can often convince your probation officer that this offense was a one-time occurrence and does not present a substantial risk of recurrence.
Contact an Experienced Appellate Attorney
Any violation of probation is a serious offense and can result in significant penalties. In these situations, you should not hesitate to contact an experienced federal appeal attorney. Contact the Federal Criminal Law Center today to schedule a free consultation during which time we can help you determine how to best respond to your probation violation or other pending issues.