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Philadelphia Federal Violent Crime Charges: Murder, Assault, Kidnapping

March 21, 2024 Uncategorized

Dealing with federal charges for violent crimes like murder, assault, or kidnapping in Philadelphia can be really intimidating and confusing. I totally get it – this stuff is scary, with so much on the line. Just know there are good people out here who wanna help you understand your options and what comes next. I wanted to give a quick rundown on some of the main violent federal charges you might come across in Philly, how the feds tend to handle these cases, and a few things that could impact your situation or possible defenses.

Federal Murder Charges

So first up is federal murder charges. The main federal law here is 18 U.S. Code § 1111 on murder. Now if the feds slap you with a murder charge, it usually means someone was killed in certain specific circumstances that let the feds claim jurisdiction – stuff like the murder happening on federal land or related to drug trafficking, terrorism, civil rights violations, and things like that.The penalties if convicted are gonna be rough – mandatory life in prison or even death penalty in some cases. Not much wiggle room. But the definition of federal murder under § 1111 does require premeditation or a reckless indifference to human life. So if it was a true accident or self-defense, you may have room to fight it. An experienced federal violent crimes lawyer will know how to argue against premeditation if the facts line up.The feds also need to prove jurisdiction, so that’s another thing we’d challenge. It’s not enough for them to just claim the murder is federal – they gotta have evidence backing up how/why specifically.

Federal Assault Charges

When it comes to federal assault crimes, things get a bit more complicated cause there’s a bunch of different laws around assault they might use:

  • 18 U.S. Code § 111 – Assaulting/resisting federal officers or employees. This is a big one – doing anything to forcibly assault, resist, impede or interfere with almost any federal employee. Even threatening or intimidating them.
  • 18 U.S. Code § 113 – Assaults within maritime and territorial jurisdiction. Covers assaults on federal properties like military bases, federal buildings, national parks, etc.
  • 18 U.S. Code § 351 – Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault. Violent crimes against top federal officials.

The possible sentences vary:

  • Section 111 resisting charges can mean up to 1 year behind bars.
  • Section 113 assaults bring up to 6 months prison.
  • Section 351 charges can mean serious time – up to life imprisonment if a federal official dies.

Key things the feds will need to prove beyond reasonable doubt:

  • The victim’s identity as a federal employee or official
  • Use of force was intentional
  • Harm or apprehension of harm occurred

If you have a valid self-defense claim or can show you didn’t intentionally use force, those are angles to fight federal assault accusations.

Federal Kidnapping Charges

The main federal kidnapping statute is 18 U.S. Code § 1201 on kidnapping. For the feds to stick a federal kidnapping charge the situation needs to involve:

  • Transporting someone across state or international lines
  • Kidnapping a federal official
  • Demanding ransom or reward
  • Occurring on federal land like a military base or Native American reservation

Without one of those conditions, the kidnapping likely falls under state jurisdiction instead of federal.However, if the feds can establish one of the above – especially interstate transport – you may face charges under § 1201 carrying some steep penalties:

  • Up to life in prison if the victim was not released unharmed
  • Death penalty is possible if the victim died

Defenses lawyers may use against federal kidnapping charges include:

  • Challenging federal jurisdiction
  • Consent of the victim
  • Duress against your actions

How Federal Violent Crime Cases Differ from State

There’s definitely some key things that make going up against federal violent crime accusations unique compared to facing state charges. Some major ways federal cases tend to be different:More Resources – The feds have basically unlimited money, staff, and top investigators at their disposal. Expect them to throw a ton of manpower at building evidence against you.Higher Conviction Rates – Likely 90% or higher – federal prosecutors seldom bring cases they aren’t extremely confident they can win. The odds are stacked against you from the start.Harsher Sentences – Like I mentioned before – mandatory minimums, life imprisonment, and capital punishment are common. They will throw the book at you.Pre-Trial Detention – Very rarely will federal defendants, especially with violent charges, be offered bail/bond release pre-trial. Expect lengthy stays locked up awaiting trial.Fewer Pleas – Feds do far fewer plea deals than state courts. They’ll put the pressure on HARD to plead guilty. Don’t give in easy.The key is the right defense lawyer familiar with the federal system – its challenges, strategies, and getting you the most leverage possible if a plea is your only option. Don’t go it alone here – too much at stake.

Finding the Best Federal Violent Crime Lawyer in Philadelphia

I know it’s scary trying to find the right federal defense lawyer when facing serious charges like murder, assault or kidnapping. It’s confusing AF and you don’t know who you can trust. But finding an experienced federal violent crimes attorney in Philly could make all the difference here.Some key tips on finding the best federal lawyer for your violent crime case:Look for Experience – Years of proven success defending federal violent charges cases specifically. Check their case records and client reviews.Understands Federal Process – Ins-and-outs of the federal courts, judges, prosecutors. Look for deep connections and respect within the federal legal community.Negotiation Skills – With high conviction rates, leverage to get charges reduced or work out fair pleas is crucial. Find an attorney with proven federal negotiation talent.Trial Skills – While avoiding trial may be best route, you still want a lawyer able to take it to trial and win if you have a strong defense. Look for federal trial experience.Personality Fit – This is a stressful bond you’ll share for months or years – make sure your lawyer’s communication style meshes well. Trust your gut feelings on compatibility.Take your time, understand all your lawyer options. Set up initial consultations – most are free. Get a feel for each and make an informed choice. There’s a lot weighing on this decision.I hope some of those tips help point you in the right direction. Remember there are people in your corner who will fight to protect your rights and future. You got this! Just focus on the next step ahead. Stay strong!

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CLAIRE BANKS

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RAJESH BARUA

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