A federal crime is considered the most serious form of criminal offense against the United States Constitution. This is because federal crimes are primarily putting the national interest at stake. Bank robbery, illegal immigration, drug trafficking, embezzlement, and the assassination of executive officials are examples of federal crimes.
To further elaborate on the given definition, a crime becomes a federal crime if:
It is a matter of national interest: if a crime violates the country's security and puts diplomatic relations with international countries to the test, federal status will most likely be put into practice. Terrorist attacks by foreign extremists are a classic example of this rhetoric.
It is an interstate crime: most crimes are prosecuted by state courts if they occur within the jurisdiction of that state. However, in some cases, a crime could involve two independent states. For example, drug smuggling from Florida to California is a federal crime. Even an Internet scam involving victims from different states will also count. Any crime that occurs beyond the boundaries of a single state can be considered a federal crime.
Occurs on federal property: Federal property is any property of the federal government, such as the Capitol, military camps, and government agency offices. If a crime occurs within federally owned territory, it automatically becomes a federal crime.
Involves federal officials, members, or employees: Any crime committed against a government employee is a federal crime. A government employee can be politicians, prosecutors, legislators and military personnel.
It is specifically listed in the Constitution as a federal crime – there are over 500 federal violations specified in the United States Constitution.
Federal crimes vs. state crimes
The main takeaway from the difference between federal crimes and state crimes is that the violation is committed against specific entities: the state government or the federal government.
You see, each state develops its own set of criminal laws based on the constitution, which explains why a crime in one state may not be a crime in another. State legislators basically have the freedom to create any law as long as it is constitutional. However, these laws only apply to their respective jurisdictions.
On the other hand, federal criminal laws must apply to all states; Federal crimes are crimes against the entire United States, not just one state. Therefore, federal legislators do not necessarily have the same degree of freedom as their counterparts at the state level.
Now, this begs the question: do federal crimes have harsher penalties than state crimes? The answer is simply “yes”. This is especially true when it comes to the same crime at the federal and state level. For example, federal criminal law imposes a sentence of 25 years to life in prison for committing arson, while most states only serve a few years in state prison.
Can a criminal defense attorney help in federal cases?
Yes, criminal defense attorneys are more than capable of helping defendants with federal charges.
However, it is important to note that state and federal crimes are processed by different systems. The U.S. Attorney or Assistant U.S. Attorney is responsible for prosecuting federal crimes, while state or district attorneys handle crimes committed at the state or local level.
What you need to do now is find a criminal defense attorney who can strategically represent you in state and federal courts. Look for those who bring decades of experience and who have experience handling federal cases.
Federal Criminal Defense Lawyer at Your Service
It is important for everyone, whether an inspiring law practitioner or an ordinary citizen, to become familiar with these federal criminal laws. We need to be aware of our rights, exercise them and ask for justice when we consider it necessary.
At Pommier & Associates Law Offices, we understand this need and therefore, we want to do our part by providing you with our Legal services.
Offices Telephones: +1(737)610-1208 WhatsApp.
