While most criminal offenses are prosecuted at the state level, not all are. Depending on the circumstances of the crime and where it was committed, it may be a federal offense, not a state one.
Any crimes that cross country or state lines, occurred on federal property or involved federally controlled infrastructure, or involved interstate commerce. Any others that violate federal laws are considered federal crimes, tried in federal courts, and you’ll go to federal prison if convicted.
Prosecuting crimes at the federal level is different than the process in state courts. There are many similarities, but if you have been charged with a federal crime, it’s important to have a Lake Charles criminal defense attorney who understands how to present a strong defense in federal court.
Although there are hundreds of statutes in the U.S. Code that define criminal offenses, certain crimes are much more prevalent, or are more targeted by federal law enforcement (and therefore are more commonly tried).
If you’re facing charges filed by the federal government, you’re probably looking at one of the following:
Drug trafficking includes the manufacturing, distribution, or sale of controlled substances. While it is often charged as a state crime, it can also be prosecuted at the federal level, especially when the activity crosses state lines or involves large quantities of drugs.
In some cases, the same conduct may violate both state and federal laws. This means you could face charges in both courts and be prosecuted separately under each system. The penalties depend on the type and amount of the substance, and federal sentencing guidelines can be especially harsh.
Fraud and financial crimes, also referred to as “white collar crimes,” cover a wide range of activities in which one person uses deception for personal financial gain. These crimes include wire and mail fraud, securities fraud and SEC violations, and bank fraud.
Identity theft, crimes including hacking, can also be charged at the federal level.
Another type of “deception crime”, counterfeiting, is the creation of false money, documents, or goods to purposely defraud. Making or knowingly selling designer “knock-offs” and making fake currency are two of the most common types of counterfeiting charges; penalties often depend on the amount of money you received from the counterfeit goods.
Any crime committed using digital networks or computers can be considered a cybercrime. With the ubiquity of computing technology, this classification of federal crimes has expanded quite a bit.
Deliberate avoidance of paying taxes, or deliberately underpaying taxes or hiding assets to avoid paying taxes, is federal tax evasion (it’s a state crime, too, in states that collect an income tax).
The IRS is vigilant about pursuing tax evasion charges and is tenacious in its prosecution of these crimes. If you’re facing tax evasion charges, it’s wise to get a lawyer immediately.
The transport and sale of firearms illegally across state lines is a federal crime. Selling firearms without a license is also a federal crime. And, if you’re a convicted felon, state or federal, possessing a firearm is a federal crime.
Possession of illegal firearms, or firearms prohibited for private citizens to own, is also a federal crime.
The U.S. Department of Justice has devoted a significant amount of manpower and financial resources to investigating and prosecuting human trafficking, the use of fraud, coercion, or force to exploit individuals for forced labor or commercial sex acts.
Any type of sexual material involving children or minors is considered child pornography, also referred to as child sexual abuse material (CSAM). It’s not unusual for those charged to face other federal crimes, in addition to the creation, distribution, purchase, or possession of CSAM.
Technology has rapidly increased the spread of CSAM, but it’s also made law enforcement’s jobs easier when it comes to prosecuting those arrested for possession and distribution of child pornography.
Immigration violations, from overstaying a visa to illegal entry and re-entry into the U.S., are a hot-button crime right now. Federal law enforcement has revved up its efforts to detain, prosecute, and deport those who violate federal immigration laws. Talking to an immigration lawyer is your best bet to avoid stiff penalties, including deportation and permanent bar from entry into the U.S.
It’s important to note that even a federal misdemeanor charge carries a one-year sentence in federal prison. Felonies are punishable by life in prison without parole or the death penalty. You have the right to an attorney at any point in the federal criminal process.
Being charged with a federal crime can turn your life upside down. Unlike state cases, federal charges are often investigated by national agencies, carry longer prison sentences, and are handled in a different court system with stricter procedures. You should never face these charges alone.
If you’re under investigation or have been formally charged, act quickly. An experienced federal criminal defense attorney can guide you through the process and begin building your defense immediately. Call us today at (337) 433-1414 or contact us online for a consultation.
