What exactly is a federal offense? Who handles the investigation? What are the potential penalties? How do I get help if I am under a federal government investigation? If these are questions you have about your current circumstance, you have come to the right place. Here we answer those common questions. For concerns about your specific federal case, contact our criminal defense attorneys in Greenville today.
What is the Difference Between a Misdemeanor and a Felony?
Misdemeanors are less serious than felonies. Both can be punished by jail or prison time and fines, but the classification systems differ between South Carolina and federal law.
In South Carolina, felonies are classified into six categories, Class A through Class F, and misdemeanors into three, Class A through Class C. Offenses with a term of imprisonment of less than one year are misdemeanors that are exempt from the classification system (S.C. Code Ann. § 16-1-10). A person convicted of a classified offense must be imprisoned for not more than 30 years for a Class A felony, 25 years for Class B, 20 years for Class C, 15 years for Class D, 10 years for Class E, and 5 years for Class F. For misdemeanors, the maximum is 3 years for Class A, 2 years for Class B, and 1 year for Class C (S.C. Code Ann. § 16-1-20). Some offenses, such as murder, are exempt from this classification and carry the penalties set by their own statutes.
Under federal law, an offense that is not specifically classified is classified by its maximum authorized term of imprisonment. An offense punishable by life imprisonment or death is a Class A felony, and the other felony classes cover maximum terms from more than one year up to 25 years or more. An offense with a maximum term of one year or less is classified as a misdemeanor or, at five days or less, as an infraction (18 U.S.C. § 3559).
Fines are set by the statute that defines each offense. For federal offenses, an individual convicted of a felony may be fined up to $250,000, or the greater amount stated in the law that defines the offense (18 U.S.C. § 3571). A conviction can also carry consequences beyond the sentence. For example, it is unlawful under federal law for a person convicted of a crime punishable by more than one year of imprisonment to possess a firearm (18 U.S.C. § 922(g)).
What is the Difference Between Federal Criminal Charges and State Criminal Charges?
The biggest difference is who handles the case and where. State crimes are prosecuted by a solicitor (S.C. Const. art. V, § 24) in the state court system. Federal crimes are prosecuted by United States Attorneys, who prosecute all offenses against the United States (28 U.S.C. § 547), in federal district court, which has jurisdiction over offenses against the laws of the United States (18 U.S.C. § 3231). The same conduct can sometimes be prosecuted by both the state and the federal government (Gamble v. United States, 587 U.S. 678 (2019)).
Just as South Carolina law sets the penalties for state offenses, federal law sets the penalties for federal offenses, and the penalty depends on the specific statute. In federal court, the judge considers the factors in 18 U.S.C. § 3553(a), including the nature and circumstances of the offense and the history and characteristics of the defendant, along with the Sentencing Guidelines, which are advisory (United States v. Booker, 543 U.S. 220 (2005)).
Who Handles Investigations of Federal Crimes?
Several federal law enforcement agencies investigate federal crimes, and the agents assigned to a case often depend on the offense. The Attorney General may appoint officials to detect and prosecute crimes against the United States, and other departments and agencies may investigate crimes when investigative jurisdiction has been assigned to them by law (28 U.S.C. § 533). Federal agencies that investigate crimes include:
- Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) (28 U.S.C. § 599A)
- Drug Enforcement Administration (DEA) (21 U.S.C. § 878)
- Federal Bureau of Investigation (FBI)
- Immigration and Customs Enforcement (ICE)
- Internal Revenue Service Criminal Investigation (26 U.S.C. § 7608)
- Postal Inspection Service (18 U.S.C. § 3061)
- Secret Service (18 U.S.C. § 3056)
Offices of inspector general at federal agencies, such as the Department of Health and Human Services, the Social Security Administration, and the General Services Administration, can investigate matters related to the programs and operations of their agencies (5 U.S.C. § 406). The Securities and Exchange Commission (SEC) brings civil enforcement actions and may send evidence of violations to the Attorney General, who may institute criminal proceedings (15 U.S.C. § 78u(d)).
For example, IRS criminal investigators enforce the criminal provisions of the internal revenue laws, which include tax evasion and other white-collar crimes.
Different Types of Federal Criminal Law Charges
Federal crimes are defined by Congress, and the list is long. Here is a list of common federal offenses:
- Mail fraud (18 U.S.C. § 1341) and wire fraud (18 U.S.C. § 1343)
- Piracy (18 U.S.C. § 1651)
- Treason (18 U.S.C. § 2381)
- Counterfeiting (18 U.S.C. § 471)
- Drug trafficking (21 U.S.C. § 841)
- Hate crimes (18 U.S.C. § 249)
- Public corruption, such as bribery of public officials (18 U.S.C. § 201)
- Money laundering (18 U.S.C. § 1956)
- Immigration crimes (8 U.S.C. § 1324)
- Securities fraud (18 U.S.C. § 1348)
- Child pornography offenses (18 U.S.C. § 2252)
This list contains examples of just a few types of federal offenses. There are many more beyond this list. If you are facing federal charges, a criminal defense attorney can explain the charges against you and your options.
What Should I Do If I’m Being Investigated by the Federal Government?
Contact a federal defense attorney. Because the stakes of a federal investigation are high, it is in your interest to seek legal counsel as soon as possible. If you have been contacted by a federal agent or suspect you are under criminal investigation, an attorney can help you protect your legal rights and avoid statements that could be used against you. Knowingly and willfully making a materially false statement to a federal agent in a federal matter can itself be a crime (18 U.S.C. § 1001).
The criminal justice process can be complicated, lengthy, and confusing. A federal criminal lawyer can help you prepare for the road ahead.
What Should I Consider When Hiring a South Carolina Criminal Defense Lawyer?
Important factors when hiring a federal defense attorney include their experience with federal cases and how they communicate. Prepare questions to ask a potential attorney. Ask if they have handled federal cases similar to yours. Ask how they approach cases like yours. Ask how they will keep you informed about your case.
A person has a constitutional right to represent themselves when they voluntarily and intelligently choose to do so (Faretta v. California, 422 U.S. 806 (1975)), but federal cases are complex and self-representation carries serious risks. If you cannot afford a lawyer, federal courts have plans to appoint counsel for financially eligible people charged with a felony or a Class A misdemeanor (18 U.S.C. § 3006A).
At Touma Law Group, our attorneys can review your situation, explain the federal process, and discuss your options. Contact us today for your free consultation.
