Federal criminal charges cover a lot more area than they used to. In the early days of the republic, there were few federal criminal charges. After the ratification of the Constitution, Congress passed a law creating a total of 17 federal crimes. These included treason, forgery of federal documents, and murder within a federal facility, including within a fort or at sea. Obviously, this list has expanded over the centuries, beginning in the 1930s under the administration of President Franklin Roosevelt. Now, there are hundreds of federal crimes. The more crimes there are, the easier it is to commit one – even if you do not realize you are doing so.
Federal Crimes Come With Major Punishments
Even today, state, local, and city governments are responsible for passing and enforcing most criminal laws. The federal government still must have jurisdiction over a crime for it to be federal. On the other hand, the federal government has dramatically expanded what is considered a federal crime, and laws defining federal crimes are now quite extensive. Not all of them stand out as crimes, such as correspondence with a federal government, picketing or parading, and peonage. Who even knows what peonage is? In general, if criminal conduct takes place on federal land or involves criminal conduct that crosses state lines, it is a federal crime. That is not a black-line rule, though – bank robbery and kidnapping, among many others, are federal crimes regardless of whether there is any interstate criminal conduct. Even if you realize you are committing a crime, you could easily not realize it falls under federal jurisdiction.
That is not good because, in general, federal crimes tend to carry more severe penalties than do state crimes. While states vary in their treatment of how much of a sentence actually gets served, for federal crimes, every defendant if convicted serves at least 85% of the maximum sentence before becoming eligible for parole. Federal crimes often carry prison sentences, many of them quite lengthy, and those sentences must be served in federal prison. Prisons where you will serve your sentence are not chosen with your convenience or the convenience of your potential visitors in mind.
Also, the conviction rate on federal charges is extremely high, mostly because of extensive use of plea bargains. Of course, federal prosecutors obtain those plea bargains by overcharging defendants with every possible criminal violation. To avoid the massive maximum sentences that comes with a boatload of charges, most defendants take a plea deal. That might get them a shorter sentence, but it hardly sounds like justice. Guilt or innocence is not nearly so important as the defendant’s fear of the worst possible outcome. While some federal charges are eligible for probation, your prison sentence on federal charges will be longer in most cases simply because of federal parole eligibility standards.
If You Have Been Charged With a Federal Crime, Call Madrid Law Firm
Federal charges are a different ballgame than state charges. While no criminal charge is a small matter, federal prosecutors seem to approach cases as a blood sport. You will need the best legal assistance you can find, and that means someone experienced in defending cases involving criminal charges. Should you be facing federal charges in the Houston area, talk to the Madrid Law Firm and find out how we can help.
