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What is Considered a Federal Crime?

If you are being charged with a crime in the United States it is important to understand what is considered a federal offense versus state law violations. For legal advice and skilled representation during your criminal proceedings, contact an experienced Rockland County criminal defense attorney today.

What is a Federal Crime?

A federal crime is an offense that violates a United States federal law. Federal crimes are generally more serious and impact the country as a whole or have other severe implications. These offenses are investigated by federal law enforcement agencies, most notably the FBI (Federal Bureau of Investigation). When an arrest has been made, the individual will be prosecuted by the U.S. Attorney’s Office.

What is the Difference Between State and Federal Crimes?

A state crime is defined as a violation of state law and is generally prosecuted by state law enforcement and courts. Court will be held in the city or jurisdiction where the crime was committed. Federal crimes, however, will be handled at one of three levels: the district court, court of appeals, or Supreme Court.

Also worth noting is the difference in consequences between the two. Federal offenses often carry harsher penalties and sentences. They may require mandatory minimum imprisonment sentences, significant fines, etc. depending on the severity of the crime. While state crimes can also be penalized with unpleasant consequences, they are generally not as severe.

Can a Regular Crime Become Federal?

Any violation of a state law can be considered a federal crime under a variety of circumstances. Consider the following.

  1. Multiple states: When one crime occurs in multiple states or the suspect crosses state lines or international borders, a regular crime will automatically be considered federal.
  2. Federal property: When a crime occurs on federal property, like on or in a government building, military base, federal bank, etc. it is considered a federal crime and will be treated as such.
  3. Against the government: Any crime committed against the state or federal government or a government employee is a federal crime.
  4. Terrorism: Any act of terrorism is considered a federal crime.
  5. Aggravating factors: A regular crime can be considered federal if aggravating factors are present that make the offense particularly severe or more serious than its definition.

Regardless of the type of offense or where it was committed, if any of the above applies, the violation can be charged at the federal level.

Examples of Federal Crimes

Below are some examples of federal crimes.

  • Aggravated assault
  • Damage to religious property
  • First-degree murder
  • Domestic terrorism
  • Arson
  • Identity theft
  • Assault with a deadly weapon
  • Child pornography
  • Perjury
  • Health care fraud

As demonstrated, the above list of federal crimes have significant impacts on not only immediate victims, but on a larger scale and even the nation as a whole. For more information and legal representation, reach out to an experienced lawyer today.

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