If you’re arrested in the state of Texas, you may have to face prosecution in a court of law. Most people face prosecution in a state court for a case that stems from violating a state law. In some cases, a person who is a Texas resident may violate a law that is established by the United States government. This is known as committing a federal crime.
Federal crimes are a special group of offenses that fall under the jurisdiction of the U.S. government. This means that these cases are handled by federal prosecutors in federal courts.
Federal charges defense
In the event that you’re facing charges in the United States Federal Court system, the team at The Law Office of Matthew D. Sharp is prepared to handle your defense. Our Houston federal attorneys have extensive experience defending cases at both the state and federal levels and are dedicated to protecting your constitutional rights as well as your freedom and reputation.
Defense of federal charges requires specialized qualifications that unseasoned state attorneys with no federal experience often don’t possess. Federal rules and regulations are different from the rules in other courts, and the punishments are often much more severe.
State and federal cases also differ in terms of how they’re investigated and charged. On the state level, the accused is typically arrested, and a more extensive investigation is conducted to follow up.
With the federal system, an exhaustive investigation is completed before charges are ever filed, so it’s crucial you contact an experienced Houston criminal defense attorney early on in the process to protect your rights.
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When is a crime a federal crime?
As we mentioned, federal crimes are those that are prosecuted by the federal government. Specifically, this means that if a crime is covered by Texas state law, it stays under the jurisdiction of the state.
Similarly, a federally illegal act committed in Texas can be handled by the federal courts without any judicial overlap.
In general, federal crimes are acts that may violate the sovereignty of the U.S. government or infringe upon systems set up and maintained by the federal government. Because state governments are responsible for handling most crimes that occur within their borders, the federal government takes charge when crimes fall outside of these bounds.
For example, the federal government has jurisdiction over:
- Interstate crimes, or crimes that cross state borders (smuggling drugs on an interstate highway, etc.)
- Crimes that occur outside of state jurisdiction (aviation crimes, naval crimes)
- Crimes that target a federal system (banks, highways, federal buildings)
- Crimes that use federally regulated systems in their commission (the postal system, the Internet, the stock market, etc.)
So, even if you commit a crime in Texas, you can face federal prosecution if your actions infringe on a federally regulated system or if they affect federal property.
Examples of federal crimes
Federal crimes typically fall into the categories listed above, though not always. This list contains some of the most commonly prosecuted federal crimes:
- Mail fraud
- Bank robbery
- Drug smuggling
- Tax fraud or tax evasion
- Distributing illegal pornography through the Internet
- Destroying or defacing federal property
- Plane hijacking
- Human trafficking across state lines
There are many other types of federal crimes, but these represent some of the ones that are most frequently prosecuted in federal courts. Some of the crimes listed here are also crimes at the state level. Typically, the facts of the crime will determine if it is prosecuted federally or at the state level.
For example, driving a car full of cocaine from Dallas to Houston may be prosecuted at the state level, but driving that same car from Houston to Mexico or Arkansas can be handled by the DEA at the federal level.
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How do penalties for federal and state crimes differ?
The penalties for federal crimes can vary just as much as the penalties for crimes at the state level. However, because federal crimes typically involve acts that cross state borders or seriously disrupt public systems, the penalties can be higher for first-time offenders.
For example, a person who commits an act of mail fraud typically does so to defraud others of their money or property. Because this crime has a relatively low chance of succeeding, a person who organizes a mail fraud scheme will likely target multiple people.
As a result, when they’re caught, their charges will be more severe because they targeted so many people. If they’re convicted of mail fraud, they could be fined and sentenced to up to 20 years in federal prison.
This also applies to drug crimes. The federal government uses a system known as mandatory minimum sentences to prosecute drug crimes. So, if a person is convicted of a federal drug crime, they must serve the entirety of their minimum sentence. This means that you can spend serious time in prison for a crime that might have gotten you probation time at the state level.
Also, people who are prosecuted for federal drug crimes have typically been accused of major drug activity. For example, if a person is going to cross state lines with marijuana in order to sell it, they usually won’t take just a gram or two. They will take pounds of marijuana in order to make more money. As a result, they will face a tougher sentence than a person who is pulled over in a small town with pot in their pocket.
Overall, the penalties for federal crimes are not much more severe than the penalties for state crimes. However, because federally regulated systems are so important to the country’s infrastructure and because federal offenders often commit large-scale offenses, federal cases often lead to severe punishments.
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Why you need a Texas federal charges lawyer
The United States government has some of the most esteemed law enforcement agencies in the world at its disposal. You need a seasoned federal defense attorney in your corner if you are being investigated or charged by the federal government.
Some federal law enforcement agencies include:
- Federal Bureau of Investigation (FBI)
- Criminal Division of the IRS (CID)
- Bureau of Alcohol, Tobacco, and Firearms (ATF)
- United States Postal Service (Postal Inspector)
- Drug Enforcement Administration (DEA)
- Department of Homeland Security (DHS)
- United States Marshals Service
- United States Secret Service
- Office of Inspector General
In some instances, federal charges emerge from an investigation initiated by the state. Examples of state investigations that are more likely to evolve into federal cases include:
The federal system will also include white-collar crimes, such as mortgage or tax fraud, banking or bankruptcy fraud, credit card abuse, health care fraud, and conspiracy.
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Charged with a federal crime in Houston?
Our federal criminal defense attorney can help!
If you’ve been charged with a federal crime in Texas, the experienced criminal defense attorneys at The Law Office of Matthew D. Sharp know that your freedom and reputation are at stake, which is why we’re prepared to arduously fight for you during every phase of a federal prosecution.
Because we know that a federal case has been well investigated on the prosecution side, we consult with our own experts, specialists, and investigators and examine every possible defense strategy. We have extensive experience representing clients at federal grand juries, trials, and appeals, so you can rest assured you’ll be in good hands.
