When is a Crime Considered a Federal Offense?

Being charged with any crime can be daunting, but when the charges against you are on a federal level, it can be devastating. This is because federal crimes are handled differently, often rendering harsher penalties. Regardless of whether you are up against accusations at the state or federal level, it’s in your best interest to enlist the help of an experienced Rockland County Criminal Defense Attorney who will be in your corner from start to finish, fighting for the best available outcome for your case.

What Constitutes a Federal Crime?

When it comes to the criminal justice system, understanding the distinction between state and federal offenses is crucial. A state crime occurs when an individual is accused of violating a state law. These laws vary from state to state and are enacted by state lawmakers. The state court has jurisdiction to decide the case. The state’s criminal or penal code defines what conduct is prohibited and the penalty for violating the law. Federal crimes, on the other hand, and uniform, meaning they are consistent across the United States and are enacted by Congress. Federal laws can only be passed when there is some federal or national interest at stake. These cases are handled by federal agencies. Some examples of crimes the federal government has jurisdiction over include:

  • Any crime that takes place on federal property or involves federal officers
  • Crimes involving fraud, deception, or misrepresentation of the federal government or one of its agencies
  • Crimes where the defendant crosses state lines
  • Crimes where the criminal conduct crosses state lines
  • Immigration and customs violations

If you are facing criminal charges at the federal level, it’s important to understand that the federal process is far more stringent and differs from that of state procedures. However, there are instances in which the charges may overlap and your case may be tried as both state and federal crimes as the double jeopardy clause doesn’t come into play. Nevertheless, the penalties for both state and federal offenses vary based on the unique circumstances of each criminal case. Federal punishments are usually longer than state sentences for similar offenses. The federal court follows the federal sentencing guidelines and if convicted, an offender will serve their sentence in federal prison.

What Should I Do if I’m Charged with a Federal Offense?

If you have been accused of a federal offense, it’s important to connect with a seasoned criminal defense attorney who can help you understand your rights. If you have been taken into custody or approached by federal agents, it’s crucial to exercise your right to remain silent until you have consulted an attorney. When you are asked questions by the police, you should politely decline to answer until you have secured legal counsel to avoid self-incrimination.

At The Law Office of Carl Spector, we are prepared to guide you through the complexities of the federal legal system. Don’t face this challenge alone. Allow our seasoned team to defend you through this process and formulate a robust defense strategy to shield you from an uncertain future. Connect with our firm today to schedule a consultation.