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 |
|---|---|---|---|---|---|
| Aircraft piracy, the starting point | 38 | 235–293 months | 168–210 months | n/a | 235–293 months |
The 2-level zero-point reduction is generally not available for this kind of offense, because it usually involves violence, a credible threat or a weapon (§4C1.1(a)(3), (a)(7)).
What changes the sentence
Each of these facts moves the offense level under §2A5.1. 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 |
|---|---|---|
| Did anyone die as a result: Yes | +5 | §2A5.1(b)(1) |
Important details
- Aircraft piracy under 49 U.S.C. §46502(a) carries a mandatory minimum of 20 years in prison, and death or life in prison if anyone is killed. The calculator applies this minimum to the result (where it asks which conviction, only when the matching one is selected), but not longer terms that depend on prior convictions or on a death. When a minimum is higher than the guideline range, the statute controls, unless the government files a motion for substantial assistance (18 U.S.C. §3553(e)).
- The starting level already assumes a weapon was present (§2A5.1, background).
- This guideline already covers attempts, so the usual 3-level attempt reduction does not apply.
Frequently asked questions
What is the base offense level for aircraft piracy (hijacking)?
The guideline for aircraft piracy (hijacking) is §2A5.1 of the federal Sentencing Guidelines. Its starting level is 38, before any adjustments.
What is the guideline range for aircraft piracy (hijacking) 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 168–210 months (14 years to 17 years, 6 months). Aircraft piracy carries a 20-year mandatory minimum (49 U.S.C. §46502), which controls when it is higher than the range. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range, but not below a mandatory minimum that applies.
Is probation possible for aircraft piracy (hijacking)?
Not under the guidelines. Even at the starting level with a guilty plea the range is in Zone D, where the minimum must be served in prison. A judge may vary below the range, but not below a mandatory minimum that applies.
Is the calculator accurate for aircraft piracy (hijacking)?
It follows §2A5.1 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.
Related offenses
- Interfering with a Flight CrewInterfered with a flight crew or transit, or flew a drone unsafelyVerified
- Crimes Aboard an AircraftCommitted a crime such as assault or theft on board an aircraftVerified
- Threatening or Harassing CommunicationsThreatened or harassed someone, made a hoax, or filed false liensVerified
- Stalking and Interstate Domestic ViolenceStalked someone, or crossed state lines to commit domestic violenceVerified
- First-Degree MurderKilled someone in a planned killing, or during a serious felonyVerified
- Second-Degree MurderKilled someone on purpose or with extreme recklessness, but unplannedVerified
- Voluntary ManslaughterKilled someone in the heat of the momentVerified
- Involuntary ManslaughterCaused someone's death by reckless or grossly careless conductVerified