Legal Question in Criminal Law in Florida

If someone is charged with illegal reentry which has a base offense level of 8 and they have a previous charge of illegal application of U.S. passport (of which they served 7 months) ... would the previous (passport) charge cause the offense level to rise 4 levels (to a level 12)? In other words... would it be considered a "FELONY" in the eyes of the federal court?

I'm not quite sure if there are multiple ways to interpret this. I was advised by a public defender that the application to U.S. passport WAS considered a felony which would raise the reentry sentencing guidelines by 4 levels. But, when I looked up the offense in the sentencing manual... it said the following:

�2L1.2

2. Definition of �Felony�.�For purposes of subsection (b)(1)(A), (B), and (D), �felony� means any federal, state, or local offense punishable by imprisonment for a term exceeding one year.

Is the public defender WRONG?


Asked on 11/10/14, 12:59 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Your attorney knows all the intricacies of your case. An attorney on this or any other forum can't really answer whether or not the new charge is a felony without knowing the statute you're charged under. Furthermore, it would be improper for another attorney to advise you as to what is going on in a particular case without that attorney being hired. I suggest you trust your public defender, and if you have more questions, then don't be afraid to ask them, not a random attorney on a legal forum.

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Answered on 11/10/14, 3:21 pm


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