According to the Bureau of Justice Statistics, drug trafficking made up one-third of all Federal charges in 2018. That is 25,010 charges. Immigration offenses made up another third at 27,652. If you’re facing criminal charges for a federal crime, you are not alone. But what makes an action a “Federal Crime” and why is this type of crime different?
What are Federal Laws?
The US Senate and House create federal legislation also signed by the President. Even if there is no law against something in the state you live in, it can be considered a Federal crime. For example, did you know that it is federally illegal to recklessly fly an unmanned aircraft over a wildfire if you interfere with officials? You could pay a fine or even get up to two years in prison. Aiming a laser pointer at an aircraft is also a Federal crime. Tax evasion is a more well-known federal crime. You can also check out recent rulings on federal firearms laws at ATF.gov
Enforcement of Federal Laws
There are agencies that enforce federal laws depending on the category of crime. These include the:
- Bureau of Alcohol, Tobacco, Firearms, and Explosives
- Drug Enforcement Administration
- Federal Bureau of Investigation
- U.S. Immigration and Customs Enforcement
- Internal Revenue Service
- Secret Service
State and Federal Prosecution
Usually, because of the 5th amendment double jeopardy clause, you don’t get prosecuted for the same crime more than once. However, when you face prosecution for a Federal crime, it works differently. If a Federal crime is also a state crime, they can both prosecute you at the same time.
FBI Crackdown
The FBI is currently cracking down on crimes involving abuse of power by law enforcement. These civil rights Federal crimes can include:
- Excessive force: When law enforcement officers use willfully “unreasonable” or “excessive” force.
- Sexual assault: When an official sexually assaults others using their position of authority to coerce an individual into sexual compliance.
- False arrest and obstruction of justice: When a law enforcement official unlawfully detains or illegally confiscates property.
- Fabricating evidence against or falsely arresting an individual by unlawfully obtaining or maintaining a person’s property
- Violation of the right to due process and the prohibition against the use of cruel and unusual punishment. When officials egal process before punishment.
- Deprivation of medical care: When an official knowingly and willfully denies or prevents access to medical care
- Failure to keep from harm: When an official willfully fails to keep an individual from harm
Federal Crimes
There are many kinds of crimes that are federal and state crimes. It’s always good to know what you’re doing and what the consequences could be to your life. The most common Federal offenses are immigration and drug-related.
Drug-related crimes can carry heavy mandatory minimum sentences. A mandatory minimum is a federally regulated sentence for specific offenses. An example of a mandatory minimum sentence is if you’re caught selling 28 grams of crack cocaine. This automatically triggers a minimum sentence of five years in federal prison. And if you’re caught selling 280 grams of crack, you face a minimum of 10 years behind bars even if the judge does not think you need such a long sentence. (1)
According to FAMM, Congress, not judges, set mandatory minimum sentences. These sentences require automatic, minimum prison terms for certain crimes. Most mandatory minimum sentences apply to drug offenses. However, Congress applies them to other crimes, including certain gun, pornography, and economic offenses.
Federal crimes can include White Collar and Financial Crimes such as money laundering or Ponzi schemes. Other federal crimes that could come with state and federal consequences include:
- Piracy
- Medicare or Medicaid Fraud
- Firearms charges
- Credit card fraud
- Identity theft
- Computer crimes
- Treason
- Counterfeiting
- Drug trafficking
- Mail fraud,
- Carjacking
- Kidnapping
- Lynching
- Bank robbery
- Child pornography
- Federal hate crimes
- Animal cruelty
- Obscenity, counterfeiting
- Illegal wiretapping
- Art theft from a museum
We Can Help
If you are being investigated or have been arrested, it is of the utmost importance that you seek legal counsel. At Cape Fear Law, we understand the federal justice system and how prosecutors develop their cases. If you have been charged with a federal offense or are under investigation for federal charges, you need an experienced criminal defense attorney. You need someone who is knowledgeable about the federal court system.
Contact us today and find out how we can help you.