Federal Criminal Defense Lawyer Minneapolis

Federal vs. State Charges: Understanding the Differences

If a crime occurs in one state, generally it will be charged as a state crime unless it is distinctly noted as a federal crime. Federal crimes involve specifically denoted federal offenses like mail fraud, IRS violations, kidnapping, damaging or destroying mailboxes, drug trafficking, computer crimes, terroristic threats, or federal sex crimes. Additional charges that are prosecuted in federal courts include treason, piracy, counterfeiting, as well as any violations of securities laws.

The nature of federal jurisdiction means that certain offenses have a broader impact, potentially affecting national security or involving multiple states, thereby necessitating federal oversight. For example, human trafficking often involves federal jurisdiction due to its interstate and international implications. Similarly, crimes like racketeering fall under federal regulation because of their potential to disrupt interstate commerce and their often complex, organized nature.

The “Supremacy Clause” in the United States Constitution explicitly defines that federal law will always have more power than state laws, and federal agencies will likely take over the case. Federal agencies that could be involved in a federal case include the FBI, IRS, DEA, or ATF.

 If a crime happens in one state, no matter the severity of the crime, generally you would be charged with a state crime. All states have provisions for charging and prosecuting crimes that violate state laws, from simple traffic matters to felony charges like murder, drug charges, sex crimes, etc.

One of the biggest differences between state and federal charges is how evidence is presented and disclosed. If you are charged with a state crime, you could expect that there may be a few folders of discovery evidence. Federal charges often include a much larger scope of introduction of evidence from multiple federal agencies.

This evidence often includes video evidence, wiretapping audio, various federal agency agent reports, and many more witnesses. This is because while the scope of state charges tends to be one area, federal charges are all-encompassing and can include years of monitoring and evidence collection against you.

This expansive approach to evidence collection often means that federal cases require an intricate understanding of multiple facets of forensic science and data analysis to challenge the evidence effectively. It underscores the importance of having a defense team proficient in handling complex, multi-agency evidence files. The penalties for federal charges are usually much more drastic than those of state charges.

Federal charges are tried in federal courts, and federal judges use Federal Sentencing Guidelines to decide on sentencing penalties for federal charges. State courts are often guided by state laws and legislation, which can include minimum and maximum sentencing penalties, allowing a judge to decide if the crime fits into a low sentence like probation or a maximum sentence.

The structured nature of federal penalties means they often reflect a broader intent to deter particular types of crime and to uphold national interests. This often results in more stringent sentences that emphasize both deterrence and punishment. The conviction rate when charged with a federal crime versus a state crime is drastic. Federal court conviction percentages are higher than 90 percent, while state conviction rates hold between 45-65% conviction rates in general.

What Crimes Fall Under Federal Jurisdiction?

Because the rules and processes involved in resolving federal cases differ from those for state cases, it is absolutely necessary to have a Minneapolis federal defense lawyer on your side who is intimately familiar with the federal system. Brockton D. Hunter P.A. has been recognized for our ability to help those charged with criminal offenses. We have the skills and knowledge necessary to effectively handle your case.

Our Minneapolis federal criminal defense lawyers handle a range of federal crimes, including, but not limited to:

• Sex trafficking (18 U.S.C. § 1591): A federal sex trafficking charge is triggered when an individual knowingly obtains or transports a person aware that they will be forced to engage in a commercial sex act. They can also face accusations if they benefit financially from such conduct.
• Conspiracy (18 U.S.C. § 371): When two or more people plan to commit a crime against or defraud the U.S., they can be charged with conspiracy. One or more other persons involved must have taken some action to further the offense.
• Mail fraud (18 U.S.C. § 1341): Mail fraud occurs when a person uses the U.S. Postal Service or a commercial carrier to further a fraud scheme.
• Wire fraud (18 U.S.C. § 1343): A person commits wire fraud when they use electronic communication to carry out a fraud scheme.
• Bank robbery (18 U.S.C. § 2113): It is unlawful for a person to use force to gain or attempt to gain property or assets under the control of a financial institution.
• Kidnapping (18 U.S.C. § 1201): Kidnapping occurs when a person abducts another and holds them for ransom.
• Money laundering (18 U.S.C. § 1956): Money laundering is a process in which funds obtained through illegal means are "cleaned" to conceal the source of the gains or avoid reporting requirements.
• Internet crimes: This term refers to offenses committed online. Such crimes include, but are not limited to, identity theft, spoofing, phishing, child pornography, and hacking.
• Drug trafficking (21 U.S.C. § 841): This offense involves the manufacture, creation, distribution, or dispensing of a controlled or counterfeit substance.

Federal jurisdiction often extends into white-collar crimes as well, including securities fraud, embezzlement, and tax evasion, due to their potential large-scale impact on the economy. This highlights the federal government’s intent to maintain fiduciary integrity and protect public interests.

What Are the Penalties for Federal Crimes Convictions?

The penalties that can be levied for a federal crime conviction are as varied as the offenses themselves. The statutes provide that a court sentence a person to fines and/or incarceration. In some situations, the court must impose mandatory minimum terms of imprisonment.

A few examples of federal crime conviction penalties include:

Sex Trafficking Penalties

• Committed by using force or on a person under 14 years of age:
  • Between 15 years to life in prison
• Committed without the use of force and upon someone between 14 and 17 years of age:
  • Between 10 years to life in prison

Conspiracy Penalties

• Conspiring to commit a felony:
  • Up to 5 years in prison
• Conspiring to commit a misdemeanor:
  • Up to the maximum penalty for the planned offense

Mail and Wire Fraud Penalties

• Up to 20 years in prison

Bank Robbery Penalties

• Up to 20 years in prison

Kidnapping Penalties

• Up to life in prison
• Death (if any person died as a result of the offense)

Money Laundering Penalties

• Up to 20 years in prison

Drug Trafficking Penalties

• Specific Schedule I or II drugs:
  • Up to 20 years in prison
• Schedule III drugs:
  • Up to 10 years in prison
• Schedule IV drugs:
  • Up to 5 years in prison
• Schedule V drugs:
  • Up to 1 year of incarceration

Note that in addition to the terms of imprisonment listed above, a fine can also be imposed. Additionally, for some offenses, aggravating factors, such as having previous convictions, can lead to enhanced penalties.

Fines for federal crimes can be substantial, often running into hundreds of thousands or even millions of dollars, depending on the severity and impact of the crime. Moreover, convictions can also result in long-term implications, such as loss of certain civil rights, professional licenses, and potential immigration consequences.

Our Minneapolis federal criminal defense lawyers appreciate the seriousness of a conviction. That is why we are ready to do everything in our legal power to seek an optimal outcome on your behalf.

Providing Skilled Federal Criminal Defense in Minneapolis

At Brockton D. Hunter P.A., we leverage our knowledge, skills, and resources to build comprehensive and aggressive defenses to fight charges. If you have been accused, our federal defense attorneys in Minneapolis are here to provide the effective counsel you need.

Frequently Asked Questions About Federal Crimes

What Should I Do If I'm Under Federal Investigation?

Being under federal investigation can be highly stressful, and it’s crucial to approach the situation with caution. First and foremost, refrain from speaking with federal agents without a lawyer present. Anything you say can be used against you, making it imperative that you avoid self-incrimination. Immediately seek legal counsel with experience in federal defense, such as Brockton D. Hunter P.A., to guide you through the process and provide necessary representation.

A knowledgeable federal defense attorney can help you understand the scope of the investigation and the possible outcomes. They can also work on building a proactive defense strategy, which might involve scrutinizing evidence, identifying any procedural missteps by law enforcement, and formulating a response that protects your rights. Remember, the sooner you involve a competent defense team, the better prepared you will be to handle the upcoming legal challenges.

How Does Federal Sentencing Differ from State Sentencing?

Federal sentencing often adheres to stricter guidelines compared to state sentencing, primarily governed by the Federal Sentencing Guidelines. These guidelines take into account the nature and severity of the offense, as well as any prior criminal history, to prescribe a sentencing range. Unlike state sentencing, which can offer more flexibility and discretion to judges, federal sentencing intends to ensure consistency across different jurisdictions.

The guidelines are often more rigid, imposing mandatory minimums for certain offenses, particularly those related to drugs. Federal judges have limited discretion to deviate from these guidelines, which can lead to harsher sentences than those typically seen at the state level. Understanding these differences is essential for anyone involved in federal criminal proceedings and highlights the importance of skilled legal representation in navigating these complexities.

What Are Common Defenses in Federal Crime Cases?

Several defense strategies can be employed in federal crime cases, depending on the nature of the charges. One common defense is challenging the evidence, which involves scrutinizing the legality of how evidence was obtained, ensuring that there were no violations of your constitutional rights, such as unlawful search and seizure. Another defense might focus on intent, particularly for crimes that require a specific intent to defraud or harm.

Additionally, an alibi can be a robust defense if you can provide evidence or witnesses that confirm your presence elsewhere at the time of the crime. Some federal crimes allow for defenses facilitated by entrapment, arguing that you were coerced into participating in an illegal act by law enforcement. The complexity of federal cases demands a comprehensive legal strategy, something Brockton D. Hunter P.A. is well-equipped to deliver with their intensive approach to each client’s unique situation.

Why Are Federal Crime Convictions So Serious?

Federal crime convictions are notably serious due to the potential for substantial penalties, including long prison sentences, significant fines, and a permanent criminal record. Many federal crimes carry mandatory minimum sentences, meaning a conviction could automatically result in extended imprisonment. Additionally, being convicted of a federal crime often impacts various civil rights, like the right to vote or bear arms, and can have long-lasting implications on employment, housing, and personal life.

The federal justice system is designed to uphold national law and order, thereby enforcing stringent measures against violations. This level of enforcement underscores the importance of having a skilled federal defense lawyer to navigate the intricacies of federal law and advocate effectively on your behalf, helping to mitigate the consequences of a conviction.

Can Federal and State Charges Be Filed for the Same Offense?

Yes, both federal and state charges can be filed for the same offense under the dual sovereignty doctrine. This legal principle allows different levels of government to prosecute the same individual separately without violating the Double Jeopardy Clause. For instance, a crime that violates both state and federal laws, such as drug trafficking across state lines, may result in concurrent prosecutions.

The implications of facing charges in both courts can be considerable, potentially leading to separate sentences. Therefore, it's crucial to consult with a knowledgeable attorney familiar with both federal and state legal systems to devise a cohesive strategy for defense. Brockton D. Hunter P.A. stands ready to assist those who find themselves entangled in this complex legal landscape, ensuring that every avenue for defending a client’s rights is thoroughly explored.