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What You Need to Know About Federal Violent Crime Charges

March 21, 2024 Uncategorized

What You Need to Know About Federal Violent Crime Charges

Being charged with a federal violent crime is a very serious matter. Unlike state charges, federal charges can result in harsher penalties and longer prison sentences. Here’s what you need to know if you or a loved one is facing federal violent crime charges.

Types of Federal Violent Crimes

There are many offenses that can be charged as federal violent crimes, including:

  • Murder
  • Assault
  • Kidnapping
  • Carjacking
  • Robbery
  • Sexual abuse
  • Child pornography
  • Arson
  • Bombing
  • Terrorism

The federal criminal code defines a “crime of violence” as any felony offense that involves the use or threatened use of physical force against a person or property [1]. So even if your state classifies an offense as non-violent, it may still be charged federally as a violent crime.

Penalties for Federal Violent Crimes

Sentences for federal violent crimes depend on the specific offense and circumstances, but can include:

  • Up to life in prison
  • Death penalty for certain murders
  • Fines up to $250,000
  • 5 years to life supervised release after prison

Federal law classifies felonies into categories based on maximum prison terms [2]:

  • Class A felonies – life in prison or death penalty
  • Class B felonies – 25 years or more in prison
  • Class C felonies – 10-25 years in prison
  • Class D felonies – 5-10 years in prison
  • Class E felonies – 1-5 years in prison

So even a “minor” federal violent crime like simple assault can result in up to 1 year in prison. More serious crimes like robbery, arson, or manslaughter are class B or C felonies with decades behind bars.

Federal vs. State Prosecution

If your actions violate both federal and state laws, you may face charges at both levels. This allows for “double punishment” even if the state already convicted and sentenced you.

Some reasons a violent crime may be prosecuted federally include:

  • Crime crossed state lines
  • Weapon moved interstate
  • Crime occurred on federal land
  • Victim was a federal officer
  • Terrorism suspected
  • Organized crime involvement

So that bar fight, domestic dispute, or other “routine” violent act could become a federal case if the right circumstances exist. The federal authorities have wide discretion to take over a case if they want to pursue harsher punishments.

Federal Defenses

The main defenses against federal violent crime charges include:

  • Self-defense – Use of force was necessary to protect yourself or others [3]
  • Insanity – You were unable to understand right from wrong or control behavior
  • Intoxication – You were involuntarily intoxicated and unable to form intent
  • Duress – You were coerced into committing the crime under threat of harm
  • Consent – The “victim” consented to the physical contact
  • Mistake of fact – You reasonably but incorrectly believed facts that negate intent
  • Self-defense – Use of force was necessary to protect yourself or others

These defenses rely on the circumstances surrounding the alleged crime. A skilled federal criminal defense lawyer can argue them effectively to fight the charges.

Getting Legal Help

Facing federal prosecution is daunting. But an experienced federal violent crimes lawyer can help protect your rights, analyze possible defenses, negotiate with prosecutors, and take your case to trial if needed.

Don’t go it alone against the power of the federal government. Get experienced legal help fighting federal violent crime allegations. Consult with a federal criminal defense attorney as early in the process as possible.

With an aggressive defense, many federal charges can be reduced or even dismissed. So don’t assume you’ll be convicted – fight the charges with skilled legal representation.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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