Federal Crimes – Laws and Penalties

Federal crimes are offenses that violate federal laws passed by Congress. They are investigated by federal agencies like the FBI and DEA and prosecuted by the Department of Justice in federal courts. Federal crimes often involve interstate commerce, counterfeiting, or crimes committed on federal property[1].

Some common federal crimes include:

• Drug trafficking
• Mail and wire fraud
• Tax evasion
• Bank robbery
• Kidnapping
• Counterfeiting
• Child pornography
• Immigration violations

The penalties for federal crimes depend on how the offense is classified. Federal crimes fall into two main categories – felonies and misdemeanors. Felonies are more serious crimes with harsher punishments, while misdemeanors are less serious with lighter penalties[2].

Felonies

Felonies are divided into five classes (A, B, C, D, and E) based on maximum prison terms[5]:

• Class A – Life imprisonment or death penalty
• Class B – 25 years or more
• Class C – 10-25 years
• Class D – 5-10 years
• Class E – 1-5 years

In addition to prison time, felonies may also involve fines up to $250,000 for individuals or $500,000 for organizations[3]. The most serious federal felonies like treason, espionage, or murder can even face execution in some cases.

Other felony penalties include:

• Supervised release – Additional monitoring after prison
• Probation – Sentence served under supervision in the community instead of incarceration
• Restitution – Repaying victims for losses
• Forfeiture – Surrendering property obtained illegally

Misdemeanors

Misdemeanors are less serious federal crimes with lighter penalties defined by statute. There are three classes of federal misdemeanors[2]:

• Class A – Jail up to 1 year
• Class B – Jail up to 6 months
• Class C – Jail up to 30 days

Fines for misdemeanors can reach $100,000 for individuals or $200,000 for organizations. Other possible penalties include probation up to 5 years and supervised release up to 1 year.

Infractions are the least serious federal offenses. They carry fines up to $5,000 but no jail time[4]. Examples include minor regulatory violations.

Sentencing Guidelines

While the US Code defines sentences for each federal crime, federal judges use Sentencing Guidelines to determine appropriate penalties based on the offense and offender characteristics. However, judges have discretion to depart from the guidelines[5].

Factors considered include:

• Defendant’s criminal history
• Acceptance of responsibility
• Victim impact
• Abuse of position of trust

Sentences can be consecutive or concurrent. Fines and restitution may be added to imprisonment. Parole no longer exists in the federal system.

Common Federal Crimes and Penalties

Here are some examples of federal crimes and potential penalties[1][5]:

• Drug trafficking – Up to life imprisonment or death penalty; fines up to $10 million for large amounts
• Child pornography – Up to 20 years imprisonment; fines up to $250,000
• Wire fraud – Up to 20 years imprisonment; fines up to $250,000
• Tax evasion – Up to 5 years imprisonment; fines up to $100,000
• Identity theft – Up to 15 years imprisonment; fines up to $250,000
• Embezzlement – Up to 10 years imprisonment; fines up to $250,000

Penalties vary based on specific circumstances. Large operations or amounts, violence, or prior criminal history can increase sentences.

Defenses

Those facing federal charges should explore defenses with their attorney. Common defenses in federal cases include[6]:

• Duress – Defendant acted under threat of harm
• Entrapment – Government induced crime
• Insanity – Defendant unable to understand actions
• Self-defense – Reasonable response to perceived threat
• Statute of limitations – Prosecution initiated too late

An experienced federal criminal defense lawyer can evaluate defenses and negotiate for reduced charges or sentencing leniency if possible.

Takeaways

• Federal crimes are investigated and prosecuted at the federal level and involve federal statutes.
• They include felonies and misdemeanors with penalties defined by the US Code.
• Felonies carry over 1 year in prison while misdemeanors involve less than 1 year.
• Sentencing guidelines help determine appropriate penalties but judges have discretion.
• Those facing federal charges should explore defenses with an attorney.

The federal criminal justice system handles serious national offenses. Understanding the laws, classifications, and potential penalties allows those charged to make informed decisions about their defense. Consulting with an attorney is essential.