When it comes to United States federal laws and understanding federal crimes, the first thing you need to know is what it is. What defines a federal crime? There are numerous examples of federal crimes, and we’ll list a few of those momentarily, but the most basic definition of a federal offense is one that breaks federal law or disturbs, in a legal capacity, an activity that is regulated by the federal government (such as mail tampering).
Other examples of federal crimes include narcotics distribution, transportation and sales – narcotics are defined by the Drug Enforcement Administration (DEA) as those that relieve pain and dull the senses – human trafficking, terrorism, child pornography, bank fraud, kidnapping, and anything that is considered “intentional harm.”
Intentional harm is the express intent by the offender to harm others; for example, murder or armed robbery. While these crimes are typically charged at a state-level, “intentional harm” can increase the level of severity of a crime, which may increase it to a federal level. Intentional harm that takes place on federal property, against a federal employee (such as an FBI agent or an ambassador), or that breaks federal law will be prosecuted as a federal crime.
Federal crimes are investigated by federal investigative bodies such as the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Environmental Protection Agency (EPA), the Bureau of Alcohol, Tobacco, Firearms and Explosives, and so on. These crimes are then prosecuted specifically in federal courts, with each U.S. state having a minimum of one federal court (a.k.a. US District Court) located somewhere in the state. Arizona has one federal court, the “United States District Court for the District of Arizona” with 13 judicial appointees. Federal cases can be heard in Phoenix, Yuma, Flagstaff, Tucson, and Prescott.
U.S. Attorneys act as the prosecutors for federal courts. Areas of prosecution are broken down into seven different sectors: narcotics enforcement, national security and cyberspace, appellate, financial litigation, general crimes, major frauds, and reactive crimes. The type of crime a defendant is charged with will determine the sector in which prosecution will take place. From this point, the federal trial process will proceed in much the same way as the state process.
One of the options available to the U.S. prosecuting attorney is whether or not to present evidence of the case to a grand jury. A “grand jury” is an impartial group of citizens – much like a typical jury that you might see in a trial setting – who is shown the evidence of the case by the prosecutor and must determine whether or not it is sufficient enough to bring charges against the alleged offender. If the grand jury votes to indict, the offender may then be arrested and charged.
One very common misconception when it comes to state vs. federal crimes – and one that is extremely important to highlight – is that an individual cannot be charged for the same crime at both a state and federal level. That is incorrect. A person absolutely CAN be charged for the exact same crime because state vs. federal offenses do not fall under double jeopardy. For example, if someone kidnaps a child and takes them over state lines, not only can this person be charged with kidnapping at the state level (in the state where the kidnapping took place), but they can also be charged with kidnapping at the federal level because they crossed state lines, thus breaking federal law. This exact same kidnapping offense can, therefore, be punished separately by both the state and the federal government.
At the federal level, each crime – regardless of the sector it falls under – is evaluated based on the seriousness of the charges. There are 43 defined levels of “offense seriousness,” which can change the way in which the charge is brought against the defendant and the possible sentences that can occur because of it. When it comes time for the judge to deliberate, he or she must consider the mitigating circumstances of the crime; things like the offender’s background – any past charges or convictions – as well as the general nature of the crime.
There is a big distinction between state and federal law; differences in the way the law is written that can make it confusing to differentiate between the two if you’re attempting to figure it out on your own.
The answer is simple: don’t.
If you or someone you know has been charged with a federal crime, you need to find a federal criminal law attorney who is familiar with your particular type of charge and the federal laws that surround it. Your typical family attorney or even a previous attorney who represented you at the state level are simply not going to cut it. You need a lawyer who is specialized in federal law and can help you develop a defense strategy that meets your needs. After all, it’s possible that – depending on the charges – you may have different rights in state court versus federal court. Your lawyer should know these variations of rights inside and out.
Depending on the circumstances of a person’s crime, including what category it falls into, whether or not there was intentional harm, as well as the individual’s criminal history, a criminal attorney will choose to devise a defense strategy that matches. Some of the most common defense strategies include entrapment, illegal search and seizure, flawed (or insufficient) evidence, and mitigating circumstances among others.
We’ve taken some of the most commonly confused defenses and broken them down here:
At the end of the day, you’re going to want a criminal attorney who will be honest with you; who will truthfully inform you about your options and help you devise a defense that meets your needs; even if the truth is not something you necessarily want to hear. A lawyer who lies to you or misleads you in any way is no benefit to you or your case.
Need help finding a federal criminal attorney near you? Our team of experienced legal experts is here to help! Reach out to schedule a consultation and learn how our firm can advise you on your federal law needs.