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What is Considered a Federal Crime?

In the United States, whether a crime is committed against a person, property, etc. offenses are generally divided into two categories: state crimes and federal crimes. Federal crimes, being generally more serious in nature, are often penalized harshly. If you are facing criminal charges in Michigan it is crucial that you understand what is considered a federal crime and how the legal process differs for this type of offense. Reach out to an experienced Upper Peninsula criminal defense lawyer to obtain skilled representation and legal advice during your case.

What is Considered a Federal Crime?

Federal crimes are offenses that violate laws enacted or enforced by the United States federal government. These offenses are generally tried in federal courts. It is important to note that even state crimes can be considered federal if they meet certain criteria. Below are the characteristics that make a violation a federal crime.

  • Federal law: The most obvious way a crime is considered federal is when the offense violates a specific federal law. Immigration violations, tax evasion, etc. are regulated by federal laws.
  • Crosses state lines: When the criminal activity occured in multiple states or the suspect crossed state/international borders while committing the crime it is automatically considered federal. Examples can include drug trafficking, kidnapping, etc.
  • Involves federal property/workers: A crime is considered federal if it happened on federal property or against a government employee, for example, if an individual robbed a federal bank.
  • National security: Regardless of the offense or where it is committed, if the crime impacts national security then it is considered a federal violation. This can include terrorism, for example.

Who Prosecutes Federal Crimes?

Because federal crimes are on a higher level than state crimes, they are not prosecuted or handled in local county courts. Federal crimes are generally investigated and prosecuted by federal agencies and authorities including the following.

  • The FBI (Federal Bureau of Investigation)
  • The DEA (Drug Enforcement Administration)
  • The USSS (United States Secret Service)
  • The DHS (Department of Homeland Security)
  • The USAO (U.S. Attorney’s Office)
  • The DOJ (Department of Justice)
  • The grand jury
  • The SCOTUS (Supreme Court of the United States)

Examples of Federal Crimes

The above-listed authorities and agencies govern federal crimes. Some common examples of federal offenses include the following and more.

  • Murder
  • Terrorism
  • Perjury
  • Money laundering
  • Drug trafficking
  • Blackmail
  • Armed robbery
  • Counterfeiting
  • Child pornography

Regardless of where the above crimes were committed, they are considered federal and will be investigated and prosecuted by government agencies.

What Are the Penalties for Federal Crimes?

The penalties for federal crimes vary depending on the type of offense and its severity, as violations do at the state level. The standard prison sentences for each federal crime are as follows.

Misdemeanors:

  • Class A: 6 months to 1 year
  • Class B: 30 days to 6 months
  • Class C: 5 to 30 days
  • Infraction: 0 to 5 days

Felonies:

  • Class A: Life in prison or death penalty
  • Class B: 25 years or longer
  • Class C: 10 to 25 years
  • Class D: 5 to 10 years
  • Class E: 1 to 5 years

Reach out to an experienced lawyer to learn more about your rights and options when facing federal charges.

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