Federal charges are filed when someone is accused of violating federal law. This can include crimes committed on federal property, conduct that crosses state lines, or offenses that fall under federal jurisdiction because of their scope or impact. Federal crimes are investigated by agencies such as the FBI, DEA, ATF, and DHS, and they are prosecuted in federal court by U.S. Attorneys.
Federal cases follow different rules and procedures from state criminal cases. If you’re facing federal charges, work with Concord criminal defense attorneys who understand how federal investigations and prosecutions work.
What makes a charge federal instead of state?
A charge becomes federal when it involves a violation of federal law rather than state law, or when federal authorities have jurisdiction over the alleged conduct. This often happens when a crime crosses state lines, occurs on federal property, or involves systems regulated at the national level.
Federal jurisdiction may also apply when an offense involves interstate commerce, the U.S. mail, wire communications, banking systems, or federally regulated programs. In other situations, Congress has designated certain crimes as federal because of their broader national impact, such as large-scale drug trafficking, immigration violations, or specific firearms offenses.
Some conduct can violate both federal and state laws simultaneously. When that happens, state and federal authorities decide separately whether to pursue charges. A case may proceed in one court system or, in some circumstances, in both, depending on the facts and the statutes involved.
What crimes are prosecuted by the federal government?
Federal crimes are defined by federal statutes and prosecuted when federal jurisdiction applies. Common categories of federal offenses include:
- Drug offenses, such as trafficking, manufacturing, or distributing controlled substances, are particularly serious when the activity involves large quantities or crosses state or international borders.
- Financial and white-collar crimes, which are typically non-violent and involve fraud or deception. These may include mail fraud, wire fraud, tax fraud, money laundering, embezzlement, bank fraud, securities fraud, and healthcare fraud.
- Firearm offenses, especially those involving illegal possession, trafficking, or transfers across state lines.
- Cybercrimes, including hacking, internet-based fraud, and offenses targeting federal systems or networks.
- Immigration-related offenses, such as human trafficking, smuggling, or violations of federal immigration laws.
- Crimes involving the sexual exploitation of children, including the production, possession, or distribution of child sexual abuse material and related trafficking offenses.
- Counterfeiting and forgery, involving U.S. currency, government documents, or other federally protected items.
How federal criminal charges may be defended
Defending against federal charges depends on the details of the case and the evidence gathered during the investigation. In federal prosecutions, the government has to prove every element of the charged offense beyond a reasonable doubt, including intent when required by law.
Defense strategies often focus on challenging the government’s evidence. This may include questioning how that evidence was obtained or disputing whether the alleged conduct meets the legal definition of the offense. Sometimes, a defense may involve showing mistaken identity or that actions were unintentional.
Federal cases can also raise constitutional issues, like unlawful searches or violations of due process. Depending on the circumstances, defense counsel might explore negotiated resolutions or sentencing considerations to limit potential penalties. The appropriate strategy varies based on the charges.
Legal help for federal criminal proceedings
The criminal defense lawyers at Shaheen & Gordon are licensed to practice in the U.S. District Court for the District of New Hampshire, the U.S. Court of Appeals for the First Circuit, and the United States Supreme Court. Our experienced attorneys represent individuals charged with both federal and state crimes and understand how federal investigations, charging decisions, and court proceedings work. Contact us online or call us at (800) 451-1002 for a consultation.
