Calling something a “federal crime” does not necessarily mean that it’s worse than a state crime. However, it does have significant implications for both the prosecution and defense.
A federal crime is any offense that violates federal law passed by the United States Congress. Unlike state laws, which can vary in many ways from state to state, federal laws apply to the entire nation equally.
Common grounds for federal jurisdiction and differences
Federal jurisdiction may apply because a criminal action crossed state lines, involved a federal employee, agency or program, occurred on federal property, involved tax, securities or immigration law, affected interstate or international commerce or involved drug trafficking.
In many cases, a crime can violate both federal and state law, leaving the authorities to decide how it will be prosecuted – meaning which entity (the state or the federal government) has jurisdiction. In some cases, prosecution may be brought at both levels. This is not considered “double jeopardy” because the Fifth Amendment only bars a given sovereign entity from prosecuting someone twice for the same offense.
Federal criminal cases differ from state cases in the following areas:
- Investigation: Federal investigations typically involve the FBI or another specialized agency. Investigators may spend months or years reviewing financial records, electronic communications and witness testimony before making an arrest. Grand jury subpoenas, search warrants and interviews may be used to build the case quietly, well before charges are leveled.
- Prosecution: Federal crimes are generally prosecuted by the U.S. Attorney’s Office. Federal prosecutors have substantial resources at their disposal, which can make them formidable to oppose.
- Punishment: Judges must consider federal statutory penalties and sentencing guidelines. Some federal statutes have mandatory minimum sentences that are much harsher than what would be imposed by the state. A federal prison sentence is served through the Federal Bureau of Prisons rather than a state correctional system, and there is no parole or work release.
A defendant may learn about a federal investigation through a subpoena, search warrant or an agent’s request for an interview rather than an arrest. This early stage can be critical. Statements, document handling and contact with other people involved in the investigation can all affect the case. It is far too easy to make a critical mistake that can lead to new charges.
A criminal defense attorney experienced in handling federal charges can identify the potential charges, communicate with investigators and begin protecting your rights before prosecutors decide whether to seek an indictment.