St. Louis Federal Crime Attorney

Federal charges are brought by the U.S. government and prosecuted in federal court. The penalties for federal offenses can be very serious and typically depend on the specific crime, but here’s a general breakdown of what someone might face:

• Prison Time: Federal convictions often result in time in federal prison, ranging from months to life. Some crimes carry mandatory minimum sentences that judges must impose.
• Fines: Federal fines can be extremely high, sometimes reaching into the millions. These are often based on the seriousness of the crime and any financial gain from it.
• Probation: Instead of prison, a person may be placed on probation with strict rules and regular check-ins. Violating probation can send someone to prison.
• Supervised Release: After prison, individuals usually serve supervised release, similar to probation but shorter-term. Breaking the rules during this time can result in going back to prison.
• Restitution: Defendants may be ordered to pay restitution to victims for losses they caused. This is separate from fines and goes directly to the victims.
• Asset Forfeiture: The government can take assets linked to criminal activity, like cash, cars, or homes. This often happens in drug or fraud cases.
• Loss of Rights: Convicted felons often lose rights like voting or owning firearms. These restrictions can be long-term or permanent, depending on the crime.

Difference Between State & Federal Crimes

Federal and state crimes differ in several key ways, primarily based on the jurisdiction in which they are prosecuted and the laws that apply to them. Here are the main differences between federal and state crimes:

• Jurisdiction: Federal crimes are offenses that violate laws established by the United States federal government, which has jurisdiction over matters that concern the entire country. Examples of federal crimes include offenses involving multiple states, offenses committed on federal property (e.g., military base, federal government building, Native American reservation, etc.), crimes against the goverment, and terrorist acts. State crimes are offenses that violate laws enacted by individual state governments. State crimes typically fall under the jurisdiction of state and local law enforcement agencies.
• Legal Codes: Federal crimes are governed by the United States Code (U.S.C.), which is a collection of federal laws passed by Congress. These laws are applied consistently across all states and territories of the United States. However, state crimes are governed by state criminal codes, which vary from state to state. Each state has its own set of criminal laws and penalties, and these laws can differ significantly between states. State laws address a wide range of issues, including criminal offenses, family law, property law, and more.
• Investigative Agencies: As we mentioned earlier, federal law enforcement agencies, such as the FBI, DEA, and ATF, investigate and prosecute federal crimes. These agencies have jurisdiction nationwide. State and local law enforcement agencies, such as state police, city police, and county sheriff's departments, investigate and prosecute state crimes. They operate within the boundaries of their respective states.
• Penalties: As we mentioned earlier, federal penalties can include fines, probation, incarceration in federal prisons, and parole. On the other hand, penalties for state crimes vary widely from one state to another. Each state has its own criminal sentencing guidelines, which determine the potential penalties for specific offenses. Penalties may include fines, probation, incarceration in state prisons or county jails, and parole.
• Prosecution: Federal crimes are typically prosecuted by United States Attorneys, who work for the U.S. Department of Justice. Cases are heard in federal courts, with federal judges presiding over the proceedings. In contrast, state crimes are prosecuted by district attorneys or state prosecutors, who work for the state government. Cases are generally heard in state courts, with state judges presiding over the proceedings.
• Jury Selection: Federal juries are selected from a broader geographic area, usually the entire federal district. This can result in more diverse jury pools. While state juries are typically drawn from a more localized area, which may result in a jury pool that reflects the demographics of the specific jurisdiction.

It's important to note that some criminal acts can be prosecuted at both the federal and state levels, depending on the circumstances and applicable laws. In such cases, the choice of jurisdiction for prosecution may be influenced by factors like the severity of the offense and the resources available to the prosecuting authorities.

Because federal crimes differ from state crimes in many ways, it is essential for anyone facing federal charges to work with attorneys who are not only licensed to practice in federal court but who also have extensive experience dealing with federal prosecutors, federal law enforcement, and the steps needed to help accused individuals secure the most successful outcome possible when the stakes are high.

Defenses Against Federal Charges

Common defenses may include:

• Lack of Evidence: The prosecution must prove each element of the charge beyond a reasonable doubt. In many cases, it may be possible to challenge the sufficiency or reliability of the evidence. If the prosecution's evidence is weak, unclear, or circumstantial, a defense lawyer may move to have the charges dismissed or reduced.
• Violation of Constitutional Rights: Federal law enforcement agencies must follow strict procedures when investigating and gathering evidence. Any violation of constitutional rights, like unlawful search and seizure, may lead to evidence being excluded from the case. This can significantly weaken the prosecution's position and, in some cases, result in the dismissal of charges.
• Entrapment: Entrapment often occurs when law enforcement induces a person to commit a crime they otherwise would not have committed. If entrapment can be proven, it may be a viable defense in federal cases, particularly in drug or conspiracy charges. This defense can be complex and typically involves showing that authorities persuaded or coerced the defendant into breaking the law.
• Insufficient Intent: Proving criminal intent is critical for a conviction in many federal crimes. If the prosecution cannot establish that the defendant acted with the required intent to commit the crime, this may serve as a strong defense. For instance, a defense lawyer may argue that the defendant's actions were unintentional or based on a misunderstanding in white-collar and financial crimes.
• Mistaken Identity: In some instances, mistaken identity can lead to wrongful accusations. Federal investigations often involve surveillance, informants, or undercover operations, and these methods are not immune to errors. A strong mistaken identity defense may involve challenging eyewitness accounts or pointing to gaps in surveillance or other evidence.
• Coercion or Duress: If a defendant committed a crime under threat of harm or pressure, they may be able to argue that they acted under duress. This defense applies when the defendant was forced to engage in illegal conduct due to a credible threat to their safety or the safety of others. Coercion defenses are more common in cases involving violent crimes or drug trafficking.

Why Hire The Hammer Law Firm, LLC

The seriousness and life-altering repercussions at stake in federal crime cases elevate the need for legal representation. If you or your loved one currently stands accused of any federal crime, you need to be confident when choosing the attorneys you want to fight by your side.

Fortunately, our St. Louis federal criminal defense lawyers have years of experience handling a variety of crimes in the federal court system, including federal sex crimes, and have amassed a considerable amount of skill and knowledge on how these cases are handled.

When integrated with our decades of criminal law experience and time spent as former prosecutors, our familiarity with the federal criminal justice system allows our legal team to set our clients at ease and guide them through the process using a step-by-step approach.

We know the tactics employed by federal prosecutors and agencies, and we have the skills to negate their case in your favor. We take pride in the fact that we have spent a considerable amount of time in federal court, and we believe that our services can benefit clients facing any type of federal charge.

Contact The Hammer Law Firm, LLC today to get started on your defense with our St. Louis federal crime lawyer.