If you have been charged with a crime in a federal case, the penalties can be harsh and the sentences lengthy. Our experience in federal courts throughout the United States will help you navigate your options and minimize your criminal exposure. 

The federal government can investigate not just those located in the United States but individuals located in other countries whose actions impact the United States. 

Criminal activity that occurs in one state and extends to another can give the federal government jurisdiction over a crime committed. 

The prison times, fines, and probation can be very different than those a person may face in a state court. The Federal Sentencing Guidelines dictate the range of federal prison time a person may face. The Guidelines can calculate prison time based on drug quantity, the amount of money laundered, the number of victims involved, and the numerous other factors specific to the crime committed. Some types of federal cases have a mandatory minimum prison sentence of ten years. Other types of cases allow probation. Our office, as specialists in federal criminal defense, can explain your options. 

What is a federal criminal case?

Only the United States government has the power to initiate a federal criminal case. Cases can begin from reports made by a victim, a whistleblower, a confidential informant, local law enforcement, and/or a criminal engaged in criminal activity with someone. Reported criminal activity can then be further investigated by federal agents. The case is then referred to a federal prosecutor for prosecution in federal court. 

What are the most common federal crimes?

Cases involving drugs, immigration, firearms, and fraud, theft and embezzlement account for approximately 80% of federal crimes. 

The most common federal crime involves a drug charge. Immigration is the second most common federal crime charged.  

What are the most serious federal crimes?

It depends. If you define serious by jail time, there are over 40 federal offenses that carry the death penalty if convicted. 

Treason and espionage could result in the death penalty even if no one is injured or killed as a result. Murdering a family member of a United States official, judge or federal law enforcement officer while the officer or employee is engaged in official duties is punishable by death or life in prison. 

A person who gathers or transmits defense information during time of war, or who gathers or transmits defense information that results in the death of an individual acting as an agent of the United States or information relating to defense against large scale attack, war plans, nuclear weapons, military spacecraft, communications intelligence, or any other major weapons system or defense strategy is subject to death or up to life in prison. 

Are federal crimes felonies?

Federal crimes can be charged as either felonies or misdemeanors, depending upon the type of conduct involved. The difference between the two is the amount of prison time that can be imposed if convicted. 

A felony carries a prison sentence of more than one year. 

Misdemeanors are less severe crimes that are punishable by one year or less. 

More serious offenses are felonies and carry a prison sentence of more than one year. Less severe crimes are misdemeanors and are punishable by imprisonment for one year or less

How long do you go to jail for a federal crime?

Federal felonies are divided into five categories: A, B, C, D and E. A

• Class A Felony – Most serious felony with a possibility of a life sentence or death (murder, terrorism, bank robbery); 

• Class B Felony – Marginally less serious than Class A with a term of imprisonment of 25 years or more (like manslaughter, sexual assault, distribution of narcotics);

• Class C Felony – 10 – 25 years in prison (involuntary manslaughter, domestic assault, endangering a child);

• Class D Felony – 5 – 10 years in prison (false documentation required to vote, unlawful abortion, driving while license is revoked); 

• Class E Felony – Less than 5 years in prison (DWI, unlawful practice of law, attempted crimes).

What happens if you are convicted of a federal crime?

The penalties of being convicted are harsh. 

• You may receive a sentence of imprisonment; face fines; receive a sentence that includes supervised release for several years; and be required to forfeit anything you may have received or purchased during the commission of the crime.

• A background check will reveal any felony convictions if they have not been expunged. 

• You will be unable to earn or maintain professional licenses like those earned by doctors, lawyers, and real estate agents. 

• You are no longer able to purchase a firearm or vote. 

• You may experience difficulty in opening and maintaining a bank account. 

• If you are not a United States citizen, you may be deported. If you did not have status in the United States while committing the crime, you could potentially have your current status revoked and be deported. 

What is a federal indictment?

A federal indictment is formal notice from the United States government that an individual is believed to have committed a crime. The indictment contains the basic information, including the federal statute(s) suspected of being violated, the timeframe for which they are suspected of violating a crime, and possibly the names of co-conspirators believed to be involved. They can be filed under seal or filed publicly. An indictment may be filed under seal until the defendant, or the first defendant in conspiracies, is arrested; filing under seal allows the United States government to have the element of surprise and arrest someone who may otherwise seek to avoid a federal charge by hiding or moving to a foreign country where they cannot be extradited to the United States to face the charge. They can also be sealed in cases involving juveniles or matters of national security. 

What is a grand jury? 

A grand jury is an impartial group of citizens called from the neighboring community. They view the evidence presented by the prosecutor and hear testimony of any witnesses. They decide in secret whether they believe the United States government has enough evidence to charge a person with a crime. All proceedings and statements made to a grand jury are sealed (meaning only those who are a part of the grand jury have knowledge about what was discussed). Grand juries consist of approximately 16-23 members. At least twelve members of the grand jury must concur that a crime has occurred in order to issue an indictment. All felony federal crimes must be presented to a grand jury. 

What is a plea agreement?

A plea agreement is a contract between the United States government and the defendant that certain things will occur. The contract typically includes the terms that the defendant will plead to a certain federal charge and agrees not to exercise his or her right to a trial, thereby saving the United States government time and resources while still securing a federal conviction. They are almost always specific to the district where the defendant was charged. They are typically filed publicly. They may or may not include sentencing recommendations. The defendant typically waives his or her right to an appeal with the exception of a handful of instances such as if the judge imposes a sentence that could be viewed as violating the Eighth Amendment of the United States Constitution that prohibits cruel and unusual punishment. The judge in a federal case makes the ultimate decision as to whether to accept the plea agreement offered by the United States government and the defendant. The judge will typically take into consideration, when deciding to accept a plea agreement, the interests of the general public and any victims, the underlying facts of the case, and the seriousness of the federal charges.

What is substantial assistance?

Substantial assistance, typically referred to as “cooperation,” is information provided by a defendant to the United States that assists the United States in investigating and charging others. Cooperation can come in many forms including the disclosure of names and or aliases, phone numbers, social media accounts, physical addresses, GPS coordinates, controlled buys, the wearing of a wire, identification via a photograph array or a “photo lineup,” and/or the sharing of bank records or financial statements. This is not a complete list of cooperation. 

What is good time?

Good time credit is the early release procedure where a prisoner gets an automatic reduction in his or her sentence for every day they spend without violating prison rules. A prisoner can also reduce his or her sentence by participating in educational programs. The Bureau of Prisons (“BOP”) currently reduces a prisoner’s prison sentence by 54 days per year, for every year a prisoner does not violate its rules. Good time credit is governed by 18 U.S.C. § 3624 which states in part:

(b)Credit Toward Service of Sentence for Satisfactory Behavior.— (1)

Subject to paragraph (2), a prisoner who is serving a term of imprisonment of more than 1 year [1] other than a term of imprisonment for the duration of the prisoner’s life, may receive credit toward the service of the prisoner’s sentence of up to 54 days for each year of the prisoner’s sentence imposed by the court, subject to determination by the Bureau of Prisons that, during that year, the prisoner has displayed exemplary compliance with institutional disciplinary regulations.

As a prior federal prosecutor and as retired federal agents, our office has significant experience in federal criminal defense, challenging evidence, negotiating plea agreements, and in taking cases to trial. Give us a call to discuss options of avoiding or reducing the following penalties:

• Federal prison time.

• Fines.

• Probation. 

• Restitution.