When dealing with a legal problem, many people know to call a local defense attorney with experience in the specific legal area and learn what your next steps are. A typical criminal charge gets settled under state or local law.
But sometimes, a crime can be a federal violation and require a completely different knowledge base and skillset. A Clermont federal crimes lawyer could help you defend yourself from prosecution and protect your rights in federal court.
Federal crimes differ from state crimes in type, severity, and consequences. A federal crime is a violation of a federal law, a crime on U.S. property (such as a U.S. military base or in federal waters), or a crime committed across state lines.
Federal crimes can include “violent” crimes, such as kidnapping, drug offenses, arson, bank robbery, gun charges, and even terrorism, but “nonviolent” or “white-collar” crimes can also see a federal prosecution, such as for tax violations, fraud, forgery, and counterfeiting. Not every crime falls within the federal category, but the ones that do can result in a tough prosecution and severe penalties.
Federal protections are handled by federal law enforcement agencies and federal prosecutors, which often have more resources and more focus on the cases they bring as compared to state and local law enforcement. Depending on the alleged crime, the FBI, DEA, ATF, or even the IRS will investigate, supporting the U.S. district attorney prosecuting the case.
Penalties for federal crimes can include fines, imprisonment, and probation. A U.S. district judge can sentence a convicted person to any of these while considering federal sentencing guidelines, as opposed to some mandated maximum punishments under Florida state law. Within the sentencing guidelines, the penalties for federal felonies can range from one to five years in prison, to lifetime imprisonment or the death penalty.
Working with a Clermont attorney familiar with federal crimes and prosecutions can help a person understand their charges and craft an effective defense.
The first consideration for a defense to a federal prosecution is the statute of limitations. A federal prosecutor cannot bring a case against a defendant if it falls outside of the statute of limitations, though sometimes prosecutors will offer deferred prosecution agreements to alleged defendants, which extend the statute of limitations to a later date.
Section 3282 of Title 18 of the U.S. Code sets a general statute of limitations of five years, but some crimes provide for longer timeframes, such as 10 years for offenses involving children, under Section 3283, or no limitation at all, such as for capital offenses under Section 3281. An attorney can make sure that any prosecution is properly within the statute of limitations, and they can evaluate any prosecution agreement to ensure it is appropriate and fair.
Beyond the statute of limitations, many federal crimes involve the mens rea, or mental state, of the defendant. To be convicted of most crimes, the defendant had to intend to take the action or to cause the action’s result, but the required mental state can vary depending on the accused crime. Clermont attorneys familiar with defending federal cases can help a defendant show that their mental state did not fit the crime, such as not taking an action or by innocent action that accidentally caused a violation.
Also, criminal rules on evidence and procedure at the federal level depart significantly from state rules. Putting together a criminal defense that works with these rules requires an experienced attorney, such as one who has appeared before the U.S. District Court for the Middle District of Florida and knows how that court and its judges operate.
“Making a federal case” out of something is not just a saying: Federal prosecutions carry the force of the federal government, the resources of multiple federal agencies, and the risk of harsh penalties. If you face federal charges or an investigation, reach out to a Clermont federal crimes lawyer today.
The Umansky Law Firm could defend you throughout the investigation and trial, working on your behalf to confront the federal court system and its rules. Have a lawyer evaluate your case and make a plan for the best defense.
The Umansky Law Firm Criminal Defense & Injury Attorneys
