Federal Crimes Defense

Robust, personalized defense is crucial for individuals facing federal criminal charges. At Mashni Law Criminal Defense, we understand that federal crimes carry severe penalties, and that retaining an experienced criminal defense firm is indispensable.

As a defendant, understanding the federal court system can be daunting. A seasoned, thorough, and caring criminal defense attorney who is licensed to practice in federal court can mean the difference between feeling lost and taken advantage of and understanding the process and taking charge of your situation. Mashni Law Criminal Defense understands that it is crucial to devise a defense strategy that is tailored to each unique set of circumstances while acknowledging the intricacies, difficulties, and limitations of the system. Each individual comes to the table with different goals and challenges. Our aim is to listen to our clients’ goals to secure the best and fairest possible outcome.

NAVIGATING THE FEDERAL SYSTEM

Understanding the federal criminal system can be daunting. Here is a simplified breakdown of the different stages of a federal criminal proceeding and how charges originate in the federal criminal system.  

Federal versus State Jurisdiction: Not all crimes fall under federal jurisdiction. Federal crimes are those which violate laws enacted by Congress, affect interstate commerce, occur on federal property, or involve federal officers. If you are charged with a federal crime, you will be tried in a federal court. 

Investigation: Long before a defendant is charged with a specific crime or number of crimes, a federal law enforcement agency, such as the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA), investigates an alleged crime. The federal law enforcement has extensive resources in comparison with state law enforcement, 

The federal criminal procedure typically begins when a federal law enforcement agency, such as the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA), investigates an alleged crime. Following the investigation, a federal prosecutor (U.S. Attorney) may choose to present the case to a federal grand jury, consisting of 16 to 23 citizens. If the grand jury believes there’s sufficient evidence, they issue an indictment, formally charging the defendant.

Next, an initial hearing or arraignment follows, where the charges are read, and the defendant enters a plea. If the defendant pleads not guilty, the case proceeds to discovery, enabling both sides to exchange information. Pre-trial motions may be filed, and plea negotiations can take place. If no plea agreement is reached, the case moves to trial before a judge or jury.

At the trial, the government presents its case, and the defense has an opportunity to cross-examine the government’s witnesses and present its own evidence. If the defendant is found guilty, a sentencing hearing is scheduled, where the judge determines the appropriate penalty under federal sentencing guidelines.

This process can be intimidating and complex, necessitating the expertise of a seasoned federal criminal defense attorney to guide you through every stage and safeguard your rights.

Federal crimes come with serious potential penalties, typically more severe than those for state crimes. The nature of the offense and the defendant’s prior criminal history play significant roles in determining the sentence. For instance, drug trafficking offenses can lead to penalties that range from five years to life imprisonment, depending on the quantity and type of drug involved. Similarly, white-collar crimes such as fraud or embezzlement can result in significant fines, restitution, and imprisonment for up to 20 years. Gun and weapons charges may result in federal prison terms of up to 10 years, while defendants convicted of RICO offenses can face up to 20 years in prison and hefty fines. In some cases, mandatory minimum sentences may apply, requiring judges to impose a minimum prison term. It’s worth noting that federal prisoners must serve at least 85% of their sentence before they are eligible for parole. Given the severity of these penalties, it’s crucial to secure a competent and experienced defense attorney when facing federal criminal charges.

In the United States federal court system, there are two main types of sentencing: statutory sentencing and sentencing guidelines. Statutory sentencing refers to the mandatory punishment that the law prescribes for specific crimes. These sentences are set by Congress and offer little to no discretion to judges, hence leading to “mandatory minimums.” On the other hand, the sentencing guidelines provide a suggested range of sentences for various offenses, offering judges some discretion based on the specific circumstances of each case. These guidelines consider factors such as the severity of the crime and the defendant’s criminal history. However, since a Supreme Court ruling in 2005, these guidelines have become advisory rather than mandatory, allowing judges more flexibility to impose sentences outside of the guideline range if they provide sufficient justification. That said, both statutory sentences and guideline sentences reflect the seriousness of federal crimes and underscore the importance of experienced legal representation.

COMMON FEDERAL CRIMES

• Drug trafficking and related offenses
• White-collar crimes, including fraud and embezzlement
• Gun and weapons charges
• Human trafficking
• Internet and computer crimes
• Immigration crimes
• RICO offenses

ELEMENTS OF CRIME 

The elements of a crime are what must be proven by the prosecution in order to obtain a conviction.