Yes. If you pistol whip a clerk you would get 10. If you get caught hacking you will get 5 in federal (35ish year max). The guy pistol whipping will get parole in 5. Same same.

Probably not but if you have a possibility of 35 years in a US prison, or even 5 years, looming over you that is a heavy burden. And we all know how it turned out.