NYC Federal Criminal Defense Lawyers

There are multiple instances in which a person might be accused of violating New York law without realizing that they have also violated federal criminal laws and regulations. It’s important to speak with an experienced New York attorney who can evaluate the case against you and determine whether you stand accused of violating both state and federal laws. Federal Lawyers is a group of expert New York lawyers with extensive experience in criminal defense.

Understanding the Interaction Between State and Federal Laws

Your attorney will advise you that a large amount of discretion takes place in cases that involve both federal and state laws. The Offices of the United States Attorney might not prosecute a case for a variety of reasons, even if that case would ordinarily fall under their jurisdiction. That said, they’ll have the option of passing the case to a District Attorney in the state of New York. If the District Attorneys believe the case warrants the attention of the federal government, the office might turn the case to the United States Attorney.

There are rare instances when the State District Attorney, State Attorney General, and United States Attorney will agree that the defendant should be charged both under state law and under federal law. In places where the New York state law overlaps with the federal law, a defendant must be charged either according to the state law or according to the federal law. This is because of the rule of double jeopardy. Double jeopardy refers to a defendant being tried twice for the same crime. Two trials are prohibited in the Constitution of the United States.

That said, there are times when the state law does not have a direct overlap with federal laws. Different acts are required to have been committed before a defendant is able to be charged by both the state and federal courts. This heightens the importance of a skilled criminal lawyer who knows how to distinguish between multiple cases and handle the demands of each case with expertise.

The Power of the Federal Government

The federal government has an unusual amount of power regarding criminal law. One example is in the use of marijuana. Some states have legalized the use of recreational marijuana and permit its sale. But federal law still prohibits the distribution and possession of marijuana. Even though selling and possessing marijuana is no longer prohibited by state law, the federal government has the right to prosecute people for the selling and possessing of marijuana because it does not comply with federal regulations.

The federal government has historically had the ability to use its extensive resources to prosecute crimes that are too big for one state to handle. It’s also been used to prosecute related crimes that occurred in several states, so that there wouldn’t need to be a separate trial in each individual state. Double jeopardy prevents the federal government from prosecuting a person when that person is already being prosecuted through the state, but it’s important to have an attorney who can navigate the complexities of these charges.

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DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

If you were involved in a crime, albeit even indirectly, you may be facing the fact that you have a lot of jail time ahead of you. Since no one really wants to spend time in jail, it’s understandable that you may be seeking a way to reduce your sentence if not free yourself from punishment entirely. After all, you don’t want to be torn away from your family and livelihood. One method you may have heard about is immunity. This article will discuss immunity and its function in federal criminal cases.

Legal Scenario: What Would You Do?

Scenario

You were arrested by NYPD for assault after a bar fight in Manhattan, but weeks later you received a federal indictment because the victim was an off-duty federal officer and prosecutors are charging you under 18 U.S.C. § 111 for assaulting a federal employee. You now face both state charges in New York Supreme Court and a separate federal case in the Southern District of New York.

Can I really be prosecuted in both state and federal court for the same incident, and how do I fight charges in two different systems at once?

Attorney's Answer

Under the dual sovereignty doctrine upheld by the Supreme Court in Gamble v. United States (2019), both state and federal governments can prosecute you for the same conduct without violating the Double Jeopardy Clause because each is a separate sovereign. Federal charges under 18 U.S.C. § 111 carry penalties of up to 8 years in prison if a dangerous weapon was involved, on top of whatever New York state charges you face under Penal Law § 120.05. An experienced NYC federal criminal defense attorney can coordinate your defense across both jurisdictions, potentially negotiating with prosecutors to consolidate or dismiss overlapping charges. Early intervention is critical because statements made in one proceeding can be used against you in the other, so you need unified legal strategy from the start.

This is general information only. Contact us for advice specific to your situation.

What Is Immunity?

Essentially, there are three kinds of immunity. At its heart, however, immunity is a deal that can be negotiated with officers under certain circumstances. If the officers are desperate enough for information, they may be open to negotiation immunity terms with you. This is provided that you have information that is of worth to them. However, it’s important to distinguish the three different types of immunity, so you can be sure that you’re receiving the best deal.

Proffer Letter Immunity