No, United States federal offenses are charged as either a misdemeanor or a felony, depending on the type of crime and its severity. A federal criminal offense is one that occurred on federal property, involved a federal employee or agent, broke a federal law, or involved crossing state or country borders. Federal crimes are tried in federal court, which has different rules from state courts. It’s essential to retain an experienced Lake Charles criminal defense attorney who is experienced in federal trials and licensed to argue in federal court.
What is the difference between a federal misdemeanor and a federal felony?
The main difference between a federal misdemeanor and a federal felony is the severity of the crime and the potential prison sentence. Generally, misdemeanors are less serious offenses punishable by no more than one year in federal prison, while felonies are more serious crimes that carry penalties of more than one year, up to life imprisonment or the death penalty for Class A felonies.
Examples of federal misdemeanors
Federal misdemeanors typically involve non-violent or lower-level offenses. Some common examples include:
- Simple assault, including interfering with certain federal officers
- Bribery involving $1,000 or less, such as attempting to influence a financial institution employee
- Theft or embezzlement by a bank employee, if the amount is under $1,000
- Using or counterfeiting military discharge certificates
- Blackmail in violation of a federal statute
- DWI’s (driving while intoxicated)
Although misdemeanors may not seem as serious as felonies, they still carry criminal records, fines, and potential jail time.
Examples of federal felonies
Federal felonies encompass a wide range of serious offenses and often involve harm to others, large financial losses, or national security concerns. Examples include:
- Drug trafficking, involving the illegal manufacturing, distribution, or dispensing of controlled substances
- Mail and wire fraud, using the U.S. Postal Service, electronic communication, or commercial carriers (like FedEx) in a scheme to defraud
- Money laundering, including concealing the source of criminal proceeds and committing related tax fraud
- Transportation of firearms or ammunition across state or national borders under prohibited conditions
- Murder, when it falls under federal jurisdiction (such as on federal property or involving federal agents)
- Tax evasion, or willfully failing to file or pay taxes owed
These offenses are classified by severity, with Class A felonies carrying the harshest penalties, including life imprisonment or capital punishment.
Dual charges under state and federal law
It’s also possible to be charged with both a federal and a state crime for the same conduct. This is due to the dual sovereignty doctrine, which allows state and federal governments to prosecute offenses independently. For example, a single act of drug trafficking could violate both Louisiana state law and federal law, resulting in two separate trials.
Misdemeanors and felonies differ in scope, and both can disrupt your life significantly. A conviction may impact your job, housing, reputation, and even your right to vote or own a firearm.
Penalties for federal crimes
The federal government separates misdemeanors into three categories and felonies into five:
Misdemeanors:
- Class A misdemeanor: More than 6 months but no more than 1 year of imprisonment
- Class B misdemeanor: More than 30 days but no more than 6 months of imprisonment
- Class C misdemeanor: More than 5 days but no more than 30 days of imprisonment
Felonies:
- Class A felony: Maximum term of life imprisonment or death
- Class B felony: 25 years or more of imprisonment
- Class C felony: 10 years or more but less than 25 years of imprisonment
- Class D felony: 5 or more years but less than 10 years of imprisonment
- Class E felony: More than 1 year but less than 5 years of imprisonment
In addition to felony and misdemeanor charges, there are also infractions of federal law, minor violations punishable by 5 days or less of imprisonment. Sentencing can also be influenced by enhancements, mandatory minimums, or plea deals, depending on the nature of the offense and prior criminal history
What should you do if you’re facing federal charges?
If you’re under investigation or have already been charged with a federal crime, the consequences can be life-altering. That’s why it’s critical to secure skilled legal representation from a criminal defense attorney who understands how the federal court system works and how it differs from the state court process.
At The Johnson Firm, we provide honest guidance and aggressive defense strategies tailored to your situation. If you’re facing serious charges such as drug trafficking, fraud, or the transportation of firearms or ammunition, don’t face the system alone. Call our criminal defense lawyers at (337) 433-1414 or contact us online to schedule a confidential consultation and take the first step in protecting your rights.