When you are facing federal criminal charges in Yonkers, the Federal Bureau of Investigation (FBI) will send Special Agents on behalf of the United States Attorney and will attempt to provide sufficient evidence that is required to mandate a prison sentence. It is imperative to choose a Yonkers criminal defense attorney during this time to ensure that your rights are protected.
What Offenses are Considered Federal Crimes?
New York and the federal government have criminal justice systems in place. When you have been charged with a crime, there are various factors that will determine if you will be charged with a federal offense. Some of these factors include:
Crimes That Were Committed on Federal Property
If a crime is considered a misdemeanor, but it was carried out on federal property, it is considered a federal crime. Federal property includes federal buildings, military bases, National Parks, National Monuments, or the United States Postal Office.
Crimes That Were Committed That Involved Federal Officers
If crime was carried out against a federal officer while he or she was performing federal duties, it is a federal charge. Federal officers include a federal judge, a Member of Congress, a federal marshall, or a Senator.
Federal Subject Matter
According to the federal criminal code, the United States government has jurisdiction over certain criminal offenses that involve drugs. In addition, the Securities and Exchange Commission can also bring forth federal charges if any violations occurred. Any crimes that were committed against federal agencies, which include Medicare and Medicaid fraud, are also considered federal offenses.
When State Crimes Become Federal Crimes
In Yonkers, there are certain New York State crimes that could escalate to federal charges under certain circumstances:
Sex Crimes
New York will work with Special Agents to escalate certain sex crimes to federal offenses. This may include possession of child pornography. Moreover, prostitution that uses sex workers that were brought to New York from another state, undocumented aliens, or sex workers who are minors are federal criminal offenses.
Drug Crimes
Drug crimes can also be federal offenses. This depends on the amount of the substance that was found on the accused during the arrest. While local or state police may make the arrest, federal prosecutors can take over the case if the amount is sufficient to mandate a federal charge.
Weapons Charges
The federal government has many federal regulations that cover transportation, distribution, sale, possession, and use of certain types of firearms. These laws can be confusing, which is why many times individuals who own firearms find themselves unintentionally in violation of a federal offense.
White Collar Crimes
There are certain white collar crimes that are also considered federal crimes. For instance, identity theft, wire fraud, computer hacking, and any crime that is committed against a federal agency are white collar federal crimes.
If a case is transferred from a state to federal court, the consequences for the defendant will significantly increase. During a federal investigation, prosecutors are more aggressive, and the penalties for a federal conviction are more severe. For example, if you are convicted of a federal charge, you may face a prison sentence as opposed to a jail sentence that comes with misdemeanor charges.
The United States Bill of Rights protects individuals from being tried for the same criminal offense twice, which is known as double jeopardy. However, if a single crime violates state and federal laws, it is known as separate sovereignty. In these cases, both the New York State and federal prosecutor can take action against the accused. As a result, the chances of begin incarcerated will double.
Sentencing for Federal Crimes
If you are convicted of a federal crime, there are certain factors that will be considered at sentencing:
1. The criminal history of the defendant and the nature of the offense;
2. The sentence should reflect the four purposes for sentencing, which include retribution, deterrence, incapacitation, and rehabilitation;
3. Availability of sentences, such as if probation is mandatory or a minimum prison sentence must be served for the crime.
4. The range of the sentence that is established with the application of sentencing guidelines.
The Right to Appeal
You do have the right to appeal a federal conviction unless you have waived your right to appeal your sentence, which usually happens during a plea agreement. During an appeal, your Yonkers federal crimes attorney can argue to the Circuit Court of Appeals that there was legal mistake when determining your sentence. When the court favors your argument, your case could be remanded for a lesser sentence. However, if you want to file an appeal, it is important to note that you should act in a timely manner. You must file a notice of appeal with the district court within 14 days after the initial judgement was issued.
Should I get a lawyer for a federal case?
Why You Need A Yonkers Federal Crime Attorney
If you have been issued a warrant for your arrest by the FBI, you have probably been indicted by a judge or grand jury. The United States Attorney's Office can proceed with the felony charge because sufficient evidence has been found against you. If you don't have representation from a skilled federal crimes attorney, you could face a prison sentence that lasts months, years, or decades.
If this is your situation
Stop reading. Start defending.
When a federal warrant is issued for your arrest, you will be taken into custody by a federal agent, arraigned, and bail will be determined. In addition, Special Agents will attempt to obtain search warrants to find further evidence against you. During this time, having a federal criminal lawyer at your side can ensure that your rights are protected. Aside from a lengthy prison sentence, there are other consequences that could result from a federal conviction, which may include not being able to find employment or inability to obtain educational benefits, such as pell grants. Don't delay if you are facing federal charges in Yonkers, contact our skilled team of legal experts today.