Starting level and typical ranges
These ranges use the starting level alone, before any of the facts listed below, for someone with no criminal record unless the column says otherwise. Most real cases add levels.
| Starting point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| Blackmail, the starting point | 9 | 4–10 months | 0–6 months | 0–6 months | 8–14 months |
What changes the sentence
Each of these facts moves the offense level under §2B3.3. Adjustments that apply to every offense, such as role in the offense, obstruction, a guilty plea and criminal history, come after these.
| Fact | Effect | Rule |
|---|---|---|
| Amount obtained or demanded: more than $2,500, rising in steps | +1 to +30 | §2B3.3(b)(1) |
Important details
- This guideline applies only when there was clearly no threat of violence to a person or property. If there was force or a threat of injury or serious damage, including an unclear threat such as “pay up or else” or a threat to drive a business under, the extortion guideline applies instead (§2B3.3(c)(2); §2B3.2, note 2).
- If a public official used the office to extort, the bribery guideline applies instead (§2B3.3(c)(1)).
- The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.
Frequently asked questions
What is the base offense level for blackmail?
The guideline for blackmail is §2B3.3 of the federal Sentencing Guidelines. Its starting level is 9, before any adjustments.
What is the guideline range for blackmail with no criminal history points and a guilty plea?
Using the starting level alone, a person with no criminal history points who pleads guilty scores 0–6 months, including the 2-level zero-point reduction. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range.
Is probation possible for blackmail?
The guidelines allow it at the starting level: with a guilty plea and the zero-point reduction the range begins at 0 months (Zone A), so prison is not required, unless the offense is a Class A or B felony or the statute rules probation out (§5B1.1(b)). Added facts can raise the range out of Zone A.
Is the calculator accurate for blackmail?
It follows §2B3.3 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.