What are Federal Crimes?

Federal crimes are complex.

You just asked a mouthful, mostly because there is no federal criminal code. Instead, federal crimes are scattered throughout the U.S. Code. The punishment for federal crimes is much harsher than the punishment for state law crimes. For example, parole is generally unavailable in federal cases. Additionally, the procedural rules in federal criminal court are numerous and strict. Mostly because of these two things, most criminal lawyers do not handle federal cases.

In fact, many lawyers aren’t even certified to handle cases in federal court. Only a handful of Ft. Worth criminal defense lawyers have the proper certification and the will to successfully resolve federal criminal cases. This successful resolution could be a complete dismissal of charges, a not-guilty verdict at trial, or a plea to a lesser-included offense. Most federal criminal cases settle out of court, so good negotiation skills may be more important than good litigation skills.

Federal Law

Some offenses are specific to federal law. Certain kinds of fraud may be the best example of these cases.

Tax fraud is willfully filing a false income tax return or other document with the IRS. Willfulness usually means the filer knew the document was incorrect but filed it anyway. Additionally, the U.S. Attorney must prove the elements of fraud. Generally, fraud is lying about a material fact with the intent to make or save money.

Immigration fraud is slightly different. These fraudsters often do not intend to make money. But they do intend to circumvent immigration laws, often via marriage fraud.

Bankruptcy fraud is similar to tax fraud in many ways. Bankruptcy forms are complex, and mistakes are common. A person commits bankruptcy fraud if s/he willfully submits a false form or makes a false statement in court.

Interstate Commerce

Any crime that involves interstate commerce could be a federal crime. Soliciting a minor online is a good example.

Frequently, this offense is entirely localized. Defendants commit these offenses in their basements or bedrooms. However, the equipment they use was probably manufactured out of state. Therefore, the crime involved interstate commerce, giving the federal government jurisdiction over it.

As a practical matter, the U.S. Attorney often initially defers to state authorities in an interstate commerce-related or other federal crime. Then, if the state level resolution is not acceptable, probably for political reasons, federal charges are forthcoming.

Federal Property

Any offense committed on federal property, like a military base or national park, is also a federal crime. DUI is a good illustration.

DUI on a military base is not only a federal offense. DUI on a military base often carries unique collateral consequences, such as loss of privileges, loss of rank, and perhaps court-martials. Drug possession and other infractions could involve similar collateral consequences.

In federal court as in state court, a Ft. Worth criminal defense lawyer can use procedural, substantive, and affirmative defenses. All these defenses involve the burden of proof, in one way or another. The U.S. Attorney, like a state prosecutor, must establish guilt beyond any reasonable doubt.

Contact a Thorough Tarrant County Attorney

Federal crimes are similar to state crimes, but different in many respects. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker. Convenient payment plans are available.