Criminal Offenses Committed on Federal Property

Criminal Offenses Committed on Federal Property

Committing a crime on federal property can lead to federal criminal charges, which often come with harsher penalties compared to similar state charges. It’s important to understand what constitutes federal property, the types of crimes that fall under federal jurisdiction, and how federal charges differ from state charges.

What is Considered Federal Property?

The federal government has jurisdiction over crimes committed in areas owned or controlled by the federal government. This includes:

• Federal buildings like courthouses, post offices, and administrative offices
• Military bases and facilities
• National parks, forests, monuments and wildlife refuges
• Native American reservations
• International ports and borders
• Airplanes and airports
• Ships at sea

The federal government also has authority over some roads like interstate highways that cross state borders. Other examples of federal property include Smithsonian museums, Veterans Affairs hospitals, and federally-owned housing projects. Simply being on federal property when a crime is committed is enough to warrant federal charges.

Common Federal Crimes

Many types of crimes committed on federal property can lead to federal charges, including both violent crimes and non-violent offenses. Some of the most common federal crimes prosecuted include:

• Theft or vandalism of federal property
• Trespassing on federal property
• Drug possession or trafficking
• Weapons violations like possessing a gun in a federal building
• DUI on federal lands or drunk driving on a military base
• Poaching or fishing violations in national parks
• Assaulting a federal officer
• Counterfeiting currency or passports

Other federal crimes include arson, hacking into government computers, kidnapping, and any other violent offenses committed on federal lands. Certain financial crimes like tax evasion, mail fraud, or wire fraud are prosecuted federally as well.

Key Differences Between Federal and State Charges

There are several key differences that make federal charges more serious than similar state charges:

• Harsher Penalties: Federal charges often come with mandatory minimum sentences, meaning judges have less flexibility on sentencing. Federal prison sentences tend to be longer than state sentences.
• More Resources: Federal prosecutors have huge budgets and lots of investigators at their disposal. The burden of proof also tends to be lower in federal court.
• Pre-Trial Detention: People facing federal charges are less likely to be released on bail pre-trial. Prosecutors can argue the defendant is a “danger to society.”
• Federal Prison: Those convicted typically serve time in higher security federal prisons, which have fewer amenities than state prisons. There is no parole in the federal system.
• Double Jeopardy: Even if already tried in state court, a defendant can be charged again federally without violating double jeopardy protections.
• More Collateral Consequences: Federal felony convictions make it harder to find a job, receive government benefits, get student loans, or obtain professional licenses.

Defending Against Federal Charges

Facing federal criminal charges is extremely serious, so those charged need an experienced federal defense lawyer. A skilled attorney can evaluate the case and identify any illegal searches, lack of probable cause, or other procedural violations. In some cases, charges can be reduced or dismissed through negotiations with the prosecutor.

An attorney can also present evidence and mount an aggressive defense at trial. Common strategies in federal cases include arguing the defendant didn’t realize they were on federal land, they were authorized to be on the property, or contesting whether a crime actually occurred. Mental health defenses may also apply in some cases.

Given the high stakes, those charged with federal crimes need a tenacious advocate fighting on their behalf. This can mean the difference between a lengthy prison sentence versus pre-trial diversion or probation. Consulting an attorney immediately allows vital defense preparation to start right away.

Conclusion

Committing any type of criminal offense on property owned by the federal government can lead to federal charges rather than state charges. This exposes defendants to harsher penalties, fewer legal protections, and many damaging collateral consequences. Those facing federal charges need experienced legal counsel to analyze the case and form an aggressive defense strategy. This provides the best chance at a favorable outcome against serious federal allegations.