In the United States criminal law and prosecution exist at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and not under a state's criminal law. This includes many acts that would not otherwise even be crimes under state or local law.
Some federal crimes are listed in Title 18 of the United States Code, but others fall under other titles; for instance, tax evasion and possession of weapons banned by the National Firearms Act are criminalized in Title 26 of the United States Code.
There are 93 United States Attorneys (also known as federal prosecutors) in the United States, with one assigned to each judicial district. Each U.S. Attorney is the chief federal law enforcement officer within his or her particular jurisdiction, and is appointed by the President of the United States for a term of four years with appointments subject to confirmation by the Senate. The U.S. Attorney's Office (USAO) is the chief prosecutor for the United States in criminal law cases, and represents the United States in civil law cases as either the defendant or plaintiff, as appropriate.
The federal criminal system resembles the state system in many ways, but there are some very significant differences. The typical United States Attorney's office, which bears the responsibility of responsible for prosecuting federal criminal charges, has significantly more time and resources than a state prosecutor.
Federal prosecutors may also have a great deal of latitude in selecting the cases they wish to prosecute through the federal courts. Cases which fall exclusively to the jurisdiction of a federal prosecutor tend to be of an interstate nature, and are more likely than a state prosecution to be legally and factually complex.
Not all crimes can be prosecuted in federal court: the federal government has limited jurisdiction and can only prosecute cases that are specifically described in the federal criminal code.
In order to assert federal jurisdiction over a crime, the alleged criminal activity must involve either the federal government directly or some form of interstate commerce, and the federal courts have been very expansive in their definition of what constitutes "interstate commerce". In fact, the federal government now prosecutes a number of crimes that were traditionally prosecuted only in state court.
Federal criminal statutes have expanded rapidly in the last decade, and now criminalizes entire categories of activities that make it increasingly easy for Americans to end up on the wrong side of the law. Many of the new federal laws also set a lower bar for conviction than in the past: prosecutors don't necessarily need to show that the defendant had criminal intent.
Federal crimes may also carry stiffer sentences than state crimes, especially in the areas of drug trafficking and conspiracy. Federal penalties are more severe in cases involving child pornography and other sexual offenses prosecuted in federal court. Conversely, fraud and theft cases may result in lesser sentences than the same offense in state court, but generally speaking the system of mandatory minimum penalties and federal sentencing guidelines usually result in very lengthy sentences for people convicted of federal crimes.
Given the severity and complexity of federal criminal investigations and prosecutions, anyone charged with a federal crime should retain a lawyer who has extensive experience in federal criminal defense. Today's legal environment is highly complex and even intimidating, and this is particularly true in federal cases where a defendant can face the loss of important constitutional rights and the possibility of incarceration.
At Kuniansky & Associates we have the skills necessary to effectively defend individuals and corporations charged with a range of serious federal and state crimes. If you or someone you know is facing federal charges contact the offices of Kuniansky and Associates at 713-622-8333 or visit http://www.kunianskylaw.com for a free consultation.
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