Federal crimes are violations of federal law and are generally investigated by federal law enforcement agencies and prosecuted by federal prosecutors. Although there are many similarities between state and federal criminal proceedings, the distinctions present in defending a federal case require a special skill set in order to provide the best defense possible. There are numerous offenses that are punishable as federal crimes.
You may be charged with a federal crime if you commit an offense that involves federal government property or is in violation of a provision of the United States criminal code. Federal prosecutors rely on violations of the Commerce Clause of the United States Constitution to pull matters into their sphere of influence. Finally, committing a crime against a federal official likely will result in a federal prosecution. You may be faced with a situation where elements of your offense are prosecuted under state and federal law, but the prosecution itself occurs in a federal district court.
Here are just a few of the federal crimes with which a person can be charged:
If you are ever charged with a federal crime, it is imperative to contact a criminal defense attorney with extensive knowledge of the federal court system. Gabe has firsthand experience in federal courts as a former federal prosecutor (AUSA), as well as years of practice as a criminal defense attorney.
A criminal case brought by the FEDs is generally prosecuted by an Assistant United States Attorney (AUSA) in the district where the crime occurred. Typically, AUSAs only pursue matters that are high-profile, extremely complex due to a long term and extensive investigation, and/or result in lengthy prision sentences. Unlike State prosecutors, AUSAs have the ability to be completely selective when choosing which cases to prosecute. Accordingly, those cases that are pursued are subjected to the full resources of the federal government. You are not facing an overworked prosecutor with dozens of cases on his or her desk. Rather, the attorney handling your case is a focused AUSA who wants a successful outcome to continue to advance his or her career. This is not the type of fight that an attorney who is not confident in the federal forum should undertake.
In 1987, the U.S. Congress eliminated the possibility of parole for anyone sentenced for a federal crime. Federal prosecutors and law enforcement agencies rigorously pursue litigation. Therefore, you will serve the amount of time to which you are sentenced. Moreover, the Federal Sentencing Guidelines are complex and offer little leeway for those convicted of a federal crime.
