A federal criminal offense is one that violates US federal laws. Federal criminal offenses are investigated by federal law enforcement and prosecuted by government agencies, such as the Federal Bureau of Investigation (FBI) and U.S. attorneys in federal court. When facing charges for federal crimes, it is imperative that you hire legal counsel right away, says criminal defense attorney Julian Stroleny. Only an attorney with experience in federal crimes can ensure that you receive due process of law and can help reduce or even eliminate your charges.
Federal Criminal Offenses
Federal crimes are listed in Title 18 and Title 26 of the United States Code and include:
- Drug crimes
- Sex crimes
- Theft and property crimes
- Grand theft
- White collar crime
- Domestic violence
- Internet crimes
- Juvenile crimes
- Violent crimes
- Driving under the influence DUI on federal property
White Collar Crimes
White-collar crimes are generally non-violent in nature and committed for financial gain. Money laundering, for example, is the process of disguising the origins of illegally-obtained money through activities such as drug trafficking and embezzlement. Securities fraud is the misrepresentation or omission of information to entice investors into trading securities and includes Ponzi schemes, pump-and-dump schemes, and pyramid schemes. Other types of white-collar crimes include extortion, corporate fraud, and bankruptcy fraud.
Crimes On Federal Property
Crimes that occur on federal soil or property such as Indian reservations, federal government buildings, government housing, or commercial properties can lead to federal charges for the crime. An investigation will be conducted into the matter, and the defendant will have to appear in federal court. These charges require an attorney who understands federal legal procedures and the higher standards for evidence and expert witnesses than in state courts.
Domestic Violence
Typically, incidents of domestic violence are charged as misdemeanors. However, an individual can be charged with a felony if the incident caused injury, involved a deadly weapon, or a victim who is a minor. A domestic violence charge can also be raised to a felony if there is a repeated pattern of violence or if the individual violated a restraining order.
Drug Crimes
Federal drug charges are filed if an alleged criminal activity involved illegally importing drugs into the U.S., if it occurred on federal property or if it crossed state lines. The penalties for drug crimes can be severe depending on the drug, its amount, and other factors. It is illegal to possess, manufacture, or distribute methamphetamines, heroin, cocaine, and marijuana.
Degrees
Florida does not classify felonies by letters like some other states. In Florida, there are five degrees of felonies:
- Felony in the third degree
- Felony in the second degree
- Felony in the first degree
- Life felony
- Capital felony
Felonies are further classified by levels of one through 10. It’s important to speak to an attorney about your charges and the penalties associated with each of these degrees.
Aggravating Factors
Aggravating factors increase the severity of the crime and the penalties that the defendant faces. Aggravating factors vary depending on the jurisdiction and the type of offense committed. Examples of aggravating factors include:
- Lack of remorse
- Recidivism, or the prior conviction for another crime
- The amount of harm done to the victim
- Hate crimes
- If the defendant played a leadership role in the criminal scheme
- If the defendant was armed with a weapon
This is not an exhaustive list of aggravating factors. In fact, a judge can consider all the information and evidence in a specific case to support their decision to depart from the default sentence within a statutory range for a specific crime. However, any enhancement that increases a penalty beyond the statutory maximum must be alleged in a complaint or indictment and proven beyond a reasonable doubt.
What does a criminal defense attorney do?
As soon as a federal investigation begins, you are vulnerable to stumbling blocks and snags that could result in you serving the maximum punishment. There are innumerable benefits to hiring a criminal defense lawyer to protect your freedom, rights, and future. Not only can hiring an attorney help you secure your freedom, but you can save time and money with an attorney helping you navigate the legal process. The standards of evidence and expert witnesses are much higher in federal court than in state court, so you need an attorney with experience in these legal proceedings. The sooner you hire an attorney to represent you, the better your chances of getting a reduced sentence and keeping your freedom and rights.
