Criminal -

Florida Federal Crimes Attorneys

The state’s laws are used to prosecute most offences in Florida. However, some crimes can be categorised as federal crimes because of their specific traits. Federal law enforcement agencies work together to prosecute federal offences in federal court. As a result, facing federal criminal charges may lead to heavier punishments than committing a state felony.

You should anticipate some substantial changes between the federal and Florida prosecution processes because these crimes are prosecuted at the federal level. You need to have a robust defence in both scenarios. A federal charge, though, might necessitate more thorough legal preparation.

What Are Federal Crimes in Florida?

The state’s laws are used to prosecute most offences in Florida. However, some crimes can be categorised as federal crimes because of their specific traits. Federal law enforcement agencies work together to prosecute federal offences in federal court. As a result, facing federal criminal charges may lead to heavier punishments than committing a state felony.

A violation of federal law is a federal felony. A crime may be classified as a federal offence if the alleged offender:

  • A federal law was broken.
  • crossed two state lines to commit a crime.
  • committed a crime on a base for the American military, on federal property, or in federal waters under American control.

Numerous offences could be categorised as federal crimes based on this criterion. These offences may be pursued or investigated by federal law enforcement agencies like the FBI, DEA, or IRS and prosecuted in federal courts because they violate federal law.

Federal violations are vigorously prosecuted and subject to harsh punishments. You might choose to hire a Florida federal criminal attorney given the complexity of the federal criminal justice system. Get in touch with the defence attorneys from Kaba Law Groups P.L.L.C. if you have been detained for a federal offence.

Examples of Federal Crimes

The severity of federal offences varies, just like it does for crimes committed in Florida. Any crime that satisfies the aforementioned requirements can be prosecuted as a federal offence. These offences include, for instance:

  • Arson
  • human trafficking
  • Bank robbery
  • Sexual exploitation and abuse
  • Kidnapping
  • Drunk driving offences
  • Firearms offences
  • Terrorism
  • Racketeering
  • Child pornography
  • Manslaughter or murder

Examples of Non-Violent Federal Crimes

Federal offences do not always include violence. In actuality, white-collar crimes aim to make money in addition to not using any form of violence. The following are some instances of non-violent crimes that could be considered federal offences:

  • Tax evasion
  • Embezzlement
  • Bribery and mail fraud
  • Wire fraud
  • Counterfeiting
  • launder money
  • Medical fraud
  • Insurance theft
  • Forgery \sFraud

White-collar crimes may not always be less serious since they do not involve the use of violence. A federal law enforcement agency may detain you and attempt to establish evidence against you if it believes you may have committed a white-collar crime.

Having a compelling defence that persuades the court to dismiss or lessen your sentence is crucial since federal prosecutors have more resources and federal charges can result in higher consequences. Speak with one of our federal crimes attorneys if you live in Florida and are being investigated or charged, and learn about your legal options.

Difference Between Federal and State Crimes in Florida

There are some significant differences between federal and state offences despite the fact that the charge may appear to be the same. These variations affect how your criminal case is handled, as you can guess.

These are some of the common distinctions between these offences:

 

  • Type of crime: While a state crime is committed inside the limits of Florida, a federal crime is one that violates federal law or was committed on U.S. property.
  • Bail: In federal proceedings, the judge can add additional requirements such as necessary treatments and check-ins with pretrial officials. Typically, state bail just requires defendants to pay the sum determined by the law enforcement.
  • Harsher punishments: One of the main distinctions between a federal and state offence is the severity of the possible consequences. In general, federal crimes typically carry harsher punishments than state-level offences.
  • Law enforcement: Federal law enforcement agencies (FBI, DEA, IRS) have far more resources than local police departments to find evidence while investigating federal crimes. A federal prosecutor also handles fewer cases, which frees up more time for them to develop a stronger case.
  • harsher discovery procedure: before trial, your attorney can obtain witness reports in criminal trials in Florida. But in federal cases, it’s customary for the defence to wait until the witness has given some sort of testimony before requesting witness reports. This has an impact on how much time your attorney has to prepare your defence.

Penalties for Federal Crimes

If someone is found guilty of a federal crime, their punishment may include paying fines and doing time in a federal prison. But unlike the sentencing in Florida, the sentencing for a federal offence is not as simple.

The judge has more authority when it comes to federal sentencing and is required to take the federal Guidelines Manual’s recommendations into account. The judge will consider the nature of the offence, aggravating and mitigating circumstances, the defendant’s prior convictions and criminal history, among other things, while deciding on a sentence and punishments.

 

Below there is a table presenting federal sentencing classifications: 

 

Type of Federal OffenseMaximum Imprisonment
Class A Felony Life imprisonment / Death penalty
Class B Felony +25 years
Class C Felony10-25 years 
Class D Felony5-10 years 
Class E Felony1-5 years 
Class A Misdemeanor6 months – 1 year 
Class B Misdemeanor30 days – 6 months 
Class C Misdemeanor5 – 30 days 

 

If a repeat offender has previously been found guilty (in a federal or state court) of any of the following:

  • two or more violent offences that are significant.
  • two or more major drug offences as well as one or more violent felonies.

Complex legal processes are used to prosecute federal offences. Thus, a defendant’s potential punishment will rely on a variety of criteria. Contact our criminal defence attorneys if you’ve been charged with a federal crime to find out more about your legal options and potential punishments.

Probation for Federal Crimes

Probation can be used as an alternative to incarceration in federal cases, allowing the condemned person to live in the community under the supervision of the probation office. Furthermore, the judge may impose some conditions, and it may not be granted for all federal offences.

If probation serves the intended purposes of the sentence, such as punishing the offender for their actions and preventing them from committing additional crimes, it may be granted for federal crimes. When it comes to probation sentences, the judge has a great deal of discretion.

 

Depending on the nature of the crime, the court may impose some probationary restrictions. Some of them could consist of:

  • Penalties or community labour
  • Attend a recovery programme (for domestic violence offenses)
  • The probation officer must approve of the residence.
  • Any controlled substance cannot be used by the defendant (drug tests might be applied)
  • No guilty person is allowed to access or possess a firearm or other deadly weapon, and they are prohibited from leaving their neighbourhood without their probation officer’s approval.
  • The offender should refrain from committing another offence.

If you break the rules of your probation, you could face serious repercussions. Make sure you are aware of both your obligations and the potential consequences. You should retain legal counsel as soon as you can if you are accused of violating your probation. Request a free consultation with a federal criminal lawyer from our firm.

Statutes of Limitations on Federal Crimes

The statute of limitations for prosecuting a case for the majority of federal crimes is five years. There are some offences, though, that carry a harsher sentence. These consist of:

10 years for arson
20 years of serious art theft
6 years :Tax offences
10 years for crimes against federal financial institutions
10 years for immigration fraud

 

There are some crimes that have no statute of limitations and can be punished whenever they are committed, just like some crimes do. These include crimes that carry the death penalty, some crimes connected to terrorism, kidnapping children, and sex offences. Several instances could be:

  • Failure to register as a sexual offender
  • Children who are sexually abused or exploited
  • international airports are the scene of deadly violence
  • destroying government property
  • Use of destructive nuclear weapons
  • Deaths as a result of hate crimes

A statute of limitations specifies the window of time during which legal action must be initiated. There are certain exceptions to the general rule that most federal crimes have a five-year statute of limitations that must be taken into consideration.

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