Number of Years
Prosecutors in the US like to trot out the numbers like 121 as a bargaining chip.
Even if convicted he will probably do less than 5 and more like 2 or 3 years.
The big numbers is pure bluff and is rarely if ever charged (and received). Its a scare tactic to the defendant so that they will plead to a lesser charge. Although it really comes down if its a federal case and the crime involved. There (depending on the crime) are mandatory sentencing numbers. Even then its up to the judge (in most case but not always). Of course if the judge is up for election and he wants to appear law and order type he will hand out the stiffest sentences he can possibly allowed to.
Its a flaw in the US system that some judges have to run for election. and have to prove they are "tough on crime" (usually in Texas or Arizona & Oklahoma) You know the type of states that can't wait to execute the criminals like the governor of texas who is proud that he sent over 160 men to death.