Even if it’s been decades since you took a class on civics or government, you probably understand that there are different levels of our governmental system. There are local governments, which take precedence over cities and towns, state governments that rule over individual states, and a federal government that rules over everyone in the country.
If you commit a crime, and the relevant authorities discover it, you’ll likely be charged with committing that crime and prosecuted. However, there are crimes at different levels, which carry different processes and potential consequences.
Notably, you can be charged with a federal crime or a state crime. But is a federal crime worse than a state crime, and if so, why?
The Basics
Federal crimes are crimes at the federal level, which will be investigated by federal prosecutors and tried in federal courts. These are typically crimes that involve some degree of national interest, as outlined by the Constitution, federal statutes, or similar regulatory documents.
Some common examples of federal crimes include:
· Drug crimes. Many drug crimes are prosecuted at the federal level, though it is possible to have a state-level drug charge.
· White collar crimes. White collar crimes like fraud and embezzlement are also typically investigated at the federal level.
· Violations of federal laws. Any violation of a federal law, including Constitutional violations, is investigated and prosecuted in the federal system.
If you’re accused of a federal crime, you’ll need a federal criminal defense lawyer to help you. That’s because federal and state systems have different processes, different venues, and many different considerations to bear in mind. You’ll need someone who’s both capable and competent at representing you with respect to federal criminal matters.
Why Federal Crimes Are Often Worse
It’s true that federal crimes are often worse than state crimes, but not because there’s anything magical about the federal system.
· Statutes and laws. For starters, federal crimes are often worse than state crimes because of how those crimes are defined. In our country, the Constitution is the highest legal authority, and all other legal authorities are subservient to the Constitution. Almost by definition, Constitutional violations are worse than other types of crimes and are treated more seriously by our justice system.
· Harsher penalties. Although there are some exceptions, federal crimes typically come with harsher penalties than state crimes. All other factors being equal, you can expect steeper prison sentences in the federal arena.
· Mandatory minimums. Federal crimes are also frequently associated with mandatory minimum sentences. In other words, judges may be bound to give you a minimum penalty if you’re found guilty of committing a specific type of crime.
· Federal sentencing guidelines. Federal courts must follow federal sentencing guidelines, which also lend themselves to harsher penalties than you might find in a state arena.
· Agency resources. We also need to consider agency resources and relative power. Generally, federal prosecutors and investigatory bodies have more resources and more power than their state-level counterparts. This means that it’s typically much harder to defend yourself with respect to a federal crime than it is with respect to a state crime.
How to Deal With a Federal Criminal Charge
How are you supposed to deal with a federal criminal charge?
· Stay calm. Try to stay calm, even though this is a very high-stakes and stressful situation. You’ll be able to make much more rational decisions if you stay grounded.
· Do not admit to anything. Make sure you don’t admit anything, even if it seems like federal investigators have more than enough evidence to put you away. Too often, innocent people go to jail simply because they accidentally incriminate themselves – or because they trust law enforcement officers who are trying to manipulate them.
· Do not answer questions without a lawyer. You have the right to remain silent, so you should not answer any questions without a lawyer present. Once you do have a lawyer, make sure you only answer the questions they tell you to answer, and that you follow their guidelines for answering those questions.
· Trust your lawyer’s advice. More broadly, you should trust your lawyer’s advice on everything. This is an experienced professional who has your best interests in mind. You should consistently trust their judgment.
· Gather exculpatory evidence. Together with your lawyer, work to gather exculpatory evidence that could prove your innocence or undermine the evidence against you. Depending on the circumstances, there may be affirmative defenses you can raise.
· Weigh your options carefully. In some situations, a plea bargain may be your best option. In others, you might want to fight it out in court. Listen to your lawyer and weigh your options carefully.
Being charged with a federal crime doesn’t have to be the end of your life. With solid legal representation from a federal criminal defense lawyer, you can build a solid defense for yourself and maximize your chances of escaping relatively unharmed.
