To what extent is it true to say "SWARTZ faces up to 35 years in prison" if there is a 0% chance he'll face that penalty? Wouldn't it be more accurate to say "

To what extent is it true to say "SWARTZ faces up to 35 years in prison" if there is a 0% chance he'll face that penalty? Wouldn't it be more accurate to say "his alleged crimes are punishable by up to 35 years in prison"? Or was there actually a small but non-zero chance he'd face 35 years? By analogy, imagine a 3-strikes state where the 3rd strike results in life imprisonment. If someone is accused of committing their first felony, is it accurate to say "he faces up to life in prison" when that is not possible given his lack of criminal history?