Federal criminal charges can be intimidating and complex, often carrying harsher penalties than state crimes. If you're wondering what charges are federal and how they differ from state charges, this comprehensive guide will help you understand the nature of federal offenses, examples of common federal charges, and the potential consequences. Learn more about our federal criminal defense practice here.
When Does a Crime Become a Federal Offense?
Generally, a crime becomes federal when it violates federal laws, crosses state lines, or involves federal interests. For example:
- Interstate drug trafficking
- Firearm offenses involving the transport of weapons across state borders
- Mail and wire fraud, which involve the use of postal services or electronic communication systems across states
Federal offenses are serious and often involve more complex investigations, often lasting months or years before charges are filed.
What charges are federal?
Federal charges cover a wide range of offenses, from white-collar crimes to violent felonies. Here are some of the most common types of federal charges:
What are Federal White-Collar Crimes?
Federal White-collar crimes, including fraud and embezzlement, are frequently prosecuted at the federal level due to their complexity and large financial impact. Crimes like bank fraud (18 U.S.C. § 1344) can result in up to 30 years in federal prison and wire fraud (18 U.S.C. § 1344) can result in up to 20 years in federal prison. Explore more about white-collar crimes here.
What Are Federal Drug Charges?
Federal drug charges typically involve the distribution, trafficking, or manufacturing of controlled substances, especially when the activity spans multiple states or involves large quantities of drugs. Charges brought under the Controlled Substances Act (21 U.S.C. § 841) can carry substantial prison sentences, sometimes ranging from 10 years to life in prison, depending on the severity of the offense. Federal agencies like the DEA often lead investigations for these cases. For more on drug trafficking charges, click here.
What Are Federal Gun Charges?
Federal gun charges involve violations of federal firearm laws. These include illegal possession of firearms [18 U.S.C. § 922(g)] or using firearms in connection with drug trafficking or violent crimes [18 U.S.C. § 924(c)]. Individuals convicted of federal gun offenses can face long-term imprisonment. Federal courts typically view these as serious crimes, especially when firearms are used in conjunction with other crimes. For more on Federal Gun charges, click here.
What Are Federal Conspiracy Charges?
Conspiracy charges are brought when two or more people agree to commit a federal crime and take steps toward carrying it out (18 U.S.C. § 371). These apply to a broad range of crimes, including drug trafficking, fraud, and racketeering. A conspiracy charge can lead to the same penalties as the underlying crime itself, which makes it a powerful tool for federal prosecutors.
What Are Federal Fraud Charges?
Fraud cases make up a significant portion of federal crimes. Examples include wire fraud, mail fraud, and securities fraud, all of which violate federal law because they often involve interstate or international communications. Wire fraud, for instance, is prosecuted under 18 U.S.C. § 1343 and can result in hefty fines and prison sentences that range from 20 to 30 years, depending on the scope of the fraud, the victim and its impact.
What is Federal Money Laundering?
When an alleged crime involved the use of money, federal prosecutors often bring charges of money laundering (18 U.S.C. §1956 & §1956).
Federal Money Laundering refers to the process of disguising the proceeds of illegal activity to make them appear legitimate. It is a serious financial crime often investigated by federal agencies such as the FBI, IRS, and prosecuted by the Department of Justice. The offense is governed by the Money Laundering Control Act of 1986, codified in 18 U.S.C. § 1956 (which requires proof that the defendant acted with intent to promote further illegal activity, evade taxes, or conceal the nature, source, or ownership of the funds) and 18 U.S.C. § 1957 (which requires conducting transactions exceeding $10,000 using criminally derived funds, with no intent requirement).
Money laundering is a felony, and the penalties are severe. Convictions under 18 U.S.C. § 1956 can result in up to 20 years in prison and fines of up to $500,000 or twice the value of the laundered funds, whichever is greater. Under 18 U.S.C. § 1957, offenders may face up to 10 years in prison and similar fines as those under § 1956.
What is Federal Cybercrime?
Federal Cybercrime refers to criminal activities carried out using computers, networks, or other digital devices that violate federal laws. These offenses range from hacking and identity theft to online fraud and cyberterrorism. Federal agencies such as the FBI, Secret Service, and Department of Homeland Security often investigate cybercrimes due to their impact on national security, financial systems, and personal privacy.
Federal cybercrimes are diverse and can involve a variety of illegal actions. Hacking is the unauthorized access to computer systems or networks to steal data, disrupt operations, or exploit vulnerabilities (18 U.S.C. § 1030). Identity Theft involves using stolen personal information to commit fraud or access accounts (18 U.S.C. § 1028). Phishing and Online Fraud uses deceptive schemes to obtain sensitive information, such as passwords or credit card details, or to defraud victims (Various statues including wire fraud 18 U.S.C. § 1343). Cyberstalking and Harassment involve the use of electronic communications to intimidate, harass, or threaten others (18 U.S.C. § 2261A). Cyberterrorism is the use of computers and online networks to target critical infrastructure, financial institutions, or government systems to cause large-scale disruption or harm.
What are Federal Terrorism and National Security Crimes?
Acts of terrorism, espionage, or crimes that threaten U.S. national security are always prosecuted at the federal level. These cases encompass a range of offenses that threaten the safety and stability of the United States, its citizens, or its government. These crimes are prosecuted under federal law due to their broad impact and often involve complex investigations by agencies such as the FBI, CIA, Department of Homeland Security, and the Department of Justice. The legal framework for prosecuting terrorism and national security crimes is designed to address both domestic and international threats.
What are Federal Sentencing Guidelines and Penalties?
Federal sentencing is governed by sentencing guidelines from the United States Sentencing Commission, created to provide a structured framework and consistency in sentencing for federal crimes.
For many federal offenses, such as drug trafficking and firearm-related crimes, the penalties are severe and can include decades in prison. Federal sentencing is influenced by several factors, including:
- The nature and severity of the crime: In fraud cases the main factor will be the amount of the loss. Similarly, in drug cases it is the type and weight of the drugs. Additionally, some crimes carry mandatory minimum prison sentences. For example, under 21 U.S.C. § 841, drug trafficking offenses involving large quantities of controlled substances can result in a mandatory minimum sentence of 10 years or more in prison.
- Criminal history: Defendants with previous convictions face harsher sentences. The Federal Sentencing Guidelines assign points for prior convictions, which increase the recommended sentence length.
- Aggravating or mitigating factors: Circumstances that can increase the sentence length include crimes that involve violence, a defendant that was a leader in a criminal conspiracy, the use of sophisticated means, multiple victims, and vulnerable victims. Mitigating factors that can make a sentence shorter include a defendant that played a minor role in the offense, cooperation with law enforcement, or showing remorse.
Judges retain discretion to impose reasonable sentences outside the range established by the guidelines. Attorneys experienced in federal criminal defense can argue for downward departures or reasonable below guidelines sentences including alternative sentencing options. Sentencing in federal cases is complex and can depend on various factors unique to each case, so having strong legal representation is crucial.
Differences Between Federal and State Prosecutions
While both state and federal courts share many similarities, there are significant differences between how criminal cases are handled in each system.
1. Jurisdiction and Scope: Federal courts handle crimes that violate federal laws, while state courts handle crimes that violate state laws. In some cases, a crime may fall under both state and federal jurisdiction, allowing both systems to prosecute the individual.
2. Sentencing and Penalties: Federal penalties tend to be harsher than state penalties, especially for crimes like drug trafficking and white-collar offenses. Additionally, federal sentences often involve mandatory minimums, meaning that the judge has limited discretion in reducing sentences.
3. Resources: Federal prosecutors often have more resources at their disposal than state prosecutors. This can include access to federal investigative agencies like the FBI, DEA, or ATF and various specialized task forces depending on the nature of the crime. These agencies have more extensive funding, and are dedicated to complex criminal activities such fraud, drug trafficking, terrorism, cybercrime, and organized crime. The result being that federal cases are often better, investigated and prepared than the state counterparts.
4. Trial Process: Federal trials happen in federal courthouses, follow different, often stricter procedural rules, and cases can take longer to prosecute due to the complexity of federal charges. Defendants facing federal charges may also encounter more experienced prosecutors and higher stakes, making these cases more challenging to defend.
Read more about the difference between state and federal charges here.
Why Acting Fast in Federal Cases Is Crucial
Federal prosecutors often build strong, well-funded cases. Waiting too long to secure legal representation can make it harder to mount an effective defense. If you're facing federal charges, acting swiftly may be the key to minimizing the damage.
At Garland, Samuel & Loeb, P.C., we understand the urgency of federal cases and are prepared to act immediately on your behalf. We have a track record of defending clients successfully in Atlanta, Georgia, where we’ve provided exceptional representation for over 75 years.
Eager to Know More?
Facing federal charges is a serious matter that can have lifelong consequences. Now that you have a clearer understanding of what charges are federal, you may have more specific questions about your case or the legal process. If you're unsure whether your situation involves federal drug charges, federal conspiracy charges, or other federal offenses, seeking legal advice is crucial.
At Garland, Samuel & Loeb, P.C., we specialize in defending against all types of federal charges. If you or a loved one is facing federal prosecution, contact us today to discuss your case with one of our experienced attorneys.
