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Most crimes fall under the jurisdiction of the state where they're committed, but some are more serious and violate federal laws, so they must be handled differently. These cases are investigated and prosecuted by federal courts.
Federal offenses carry severe penalties and can have serious consequences on people's lives. Any individual facing these charges should contact an experienced criminal defense attorney for representation and prepare for a lengthy legal process. Therefore, it's important to understand in which instances federal law takes precedence over state jurisdiction.
When does a crime become a federal offense? What can people expect when facing these charges? Below are detailed answers and some helpful examples.
What Is Considered a Federal Crime?
Any act that violates federal laws falls within this category, as crimes that challenge the U.S. Constitution always overrule state jurisdiction. Government agencies, such as the Federal Bureau of Investigation (FBI), usually handle these cases.
Different offenses may be investigated and prosecuted by the federal government, including those that:
Violate a specific federal or constitutional law.
Violate laws in multiple states.
Occur on federal property.
Involve citizens from different states.
Common Federal Crimes
The following are common types of federal crimes:
Crimes Involving Multiple States
If a crime crosses state lines, involves interstate commerce, or has a significant impact in more than one state, it may be considered "multi-jurisdictional" and be charged as a federal offense. The most common examples include:
Mail fraud
Cybercrimes, such as hacking, fraud, and identity theft
Bank robbery
Drug trafficking
Kidnapping and abduction
Human trafficking
Crimes That Occur on Federal Property
Regardless of their location, crimes that occur on federal property (such as national parks, military reservations, wilderness areas, and government offices) are generally handled as federal offenses. These are some examples:
Vandalism on a Native American reservation
Stealing property from a federal government facility
Interfering with a federal investigation or proceedings
Murdering someone on federal land
While most crimes on federal property are federal offenses, there may be exceptions in certain cases. For instance, if state law prohibits trespassing, and someone trespasses on federal land, both federal and state prosecution might be possible.
Crimes Against the Government
Any action that directly harms or threatens the government or its institutions, even if it's a state crime, will be charged federally. This includes offenses that undermine authority, pose risks to the nation's security, disrupt essential services, or endanger citizens' lives. Below are some examples:
Theft of government funds
Hacking or interfering with government systems or equipment
Acts of treason or betrayal of the country
Attempts to overthrow the government or incite rebellion and insurrection against its institutions
Espionage and sabotage
Crimes Involving Terrorism
The USA PATRIOT Act of 2021Â expanded the government's powers over terrorism-related crimes, so these cases should always be handled by a federal court.
An act can be considered "terrorism" if it:
Puts human life at risk.
Is intended to intimidate or coerce a civilian population.
Causes mass trauma, injuries, or deaths.
Intentionally causes mass destruction to influence a government decision.
Crimes Committed to Deliberately Cause Harm
A person who commits an offense with intent to cause harm to others may face federal charges due to their actions' severity. The same is true for crimes against federal officials.
Murder, assault, armed robbery, arson, kidnapping, and hate crimes may be subject to federal jurisdiction. Other common examples include intimidation or manslaughter against a federal law enforcement official or riots that intentionally destroy federal property.
Crimes That Include Aggravating Factors
If crimes occur under circumstances that make them worse or more serious beyond the base offense, they're considered to have "aggravating factors," which can result in more severe charges and stricter penalties.
State crimes with aggravating factors may change in jurisdiction and be handled by federal prosecutors. These are some examples:
Battery
Assault
Sexual abuse
Identity theft
Involvement of organized crime
Use of firearms
Premeditation
Obstruction of justice
Other Cases That May Be Prosecuted Federally
Besides the ones mentioned above, the following cases may be handled through the federal system:
Harm or threats to persons of federal interest other than officials, such as government informants or cooperators
Fraud involving federal government benefits or programs, such as Social Security, health care, and disaster relief loans
Offenses committed by people who don't possess legal status within the U.S.
Theft of money or property from financial institutions insured by the Federal Deposit Insurance Corporation (FDIC)
Investigation or arrest by a federal law enforcement agency, such as the FBI, Homeland Security Investigations (HSI), Drug Enforcement Agency (DEA), or the Internal Revenue Service (IRS)
Crimes involving the possession, use, or trafficking of illegal drugs of particular concern to the Department of Justice, such as fentanyl, prescription opiates, cocaine, heroin, and methamphetamine
Offenses committed by people with prior felony convictions for drug-related or violent crimes
Cases with multiple defendants or co-conspirators, including those committed by an organized crime ring
Multi-agency task force investigations involving local, state, and federal law enforcement
What Are the Potential Penalties for Federal Crimes?
Like state courts, federal prosecutors consider multiple factors to determine the sentence for a federal case, including the nature or severity of the offense and the need for a strong penalty.
Although sentencing can vary significantly for federal cases, these are the most common penalties:
Substantial fines
From a few months to life in federal prison
Probation
Restitution
Loss of rights
Asset forfeiture
Can Federal Charges Be Dropped or Reduced?
It's usually hard to get criminal charges dismissed when brought by the federal government, but this doesn't mean defendants must be convicted.
Although success will depend on the circumstances surrounding each case, an experienced federal criminal defense attorney can have the prosecution reduce or drop such charges. They can also advisee what the most common federal crimes are.
Federal cases are complex, but there's usually an opportunity to avoid conviction. Professional federal crime attorneys can do the following to help defendants:
Argue that state or local law enforcement agencies violated the Fourth Amendment (protection against unlawful searches and seizures) or the Fifth Amendment (protection against self-incrimination during questioning).
Negotiate with the prosecution and settle the case out of court to avoid going to trial.
Accept a plea bargain to limit sentencing exposure if there's sufficient evidence for the prosecution to achieve conviction in the case.
Final Thoughts: Why Is It Important to Contact a Federal Criminal Defense Lawyer?
It's always advisable for people facing federal charges to seek legal counsel from a skilled federal criminal defense attorney.
These lawyers have extensive experience in cases that fall beyond state lines and know how to deal with the prosecution to get the charges dropped or dismissed. As well as, knowing the classes of offenses under federal law.
A qualified federal criminal defense attorney can guide defendants through this complex legal process and implement the right strategies to achieve the most favorable results for their clients.
Are you facing federal charges? At Sparks Law Firm, we'll defend your rights and best interests to avoid conviction or reduce penalties. Contact us today!
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