Understanding Federal Charges

Being charged with a federal crime can be overwhelming. Penalties are often severe, with lengthy prison terms, steep fines, and collateral consequences that extend far beyond the courtroom. Our experience in federal courts across the United States allows us to guide clients through complex proceedings, protect their rights, and minimize exposure to punishment.

Federal jurisdiction is broad. The government can prosecute individuals:

• Located abroad, if their conduct impacts the United States

• Engaged in criminal activity that crosses state lines

The Federal Sentencing Guidelines drive much of the penalty structure. Sentences may depend on factors such as drug quantity, amount of money laundered, number of victims, or other specifics of the offense. Some crimes carry mandatory minimums of 10 years or more, while others may allow probation. Our firm provides clear advice about these options.

How Federal Cases Begin

Only the United States government has the power to initiate a federal criminal case. Cases can begin from reports made by a victim, a whistleblower, a confidential informant, local law enforcement, and/or a criminal engaged in criminal activity with someone. Reported criminal activity can then be further investigated by federal agents. The case is then referred to a federal prosecutor for prosecution in federal court. 

Common Federal Crimes

Approximately 80% of federal cases involve:

• Drug offenses (most common)

• Immigration violations

• Firearms offenses

• Fraud, theft, and embezzlement

Serious Federal Offenses

The most serious crimes carry the harshest penalties. More than 40 federal offenses are punishable by death. Examples include:

• Treason and espionage

• Murder of a U.S. official’s family member while the official is performing official duties

• Disclosure of defense information during wartime that causes death or relates to nuclear weapons, war plans, or other sensitive systems

Felonies vs. Misdemeanors

Felonies: Offenses punishable by more than one year in prison

Misdemeanors: Offenses punishable by one year or less.

Federal felonies are divided into five classes:

• Class A: Life imprisonment or death (e.g., murder, terrorism, bank robbery)

• Class B: 25+ years (e.g., manslaughter, sexual assault, narcotics distribution)

• Class C: 10–25 years (e.g., involuntary manslaughter, domestic assault)

• Class D: 5–10 years (e.g., unlawful abortion, false voting documentation)

• Class E: Less than 5 years (e.g., DWI, attempted crimes)

Consequences of Conviction

Conviction for a federal crime can result in:

• Prison time, fines, probation, restitution, and asset forfeiture

• Long-term supervised release

• Loss of professional licenses

• Loss of firearm rights and voting rights

• Immigration consequences, including deportation or revocation of status

• Difficulty obtaining housing, loans, and employment

Federal indictments & Grand Juries

Indictment: A formal notice that charges are being filed, listing statutes, dates, and co-conspirators. Indictments can be sealed to preserve secrecy until arrests are made.

Grand Jury: A secret proceeding before 16–23 community members. At least 12 must agree there is probable cause to indict. All felony federal cases must be presented to a grand jury.

Plea Agreements

A plea agreement is a contract between the United States government and the defendant that certain things will occur. The contract typically includes the terms that the defendant will plead to a certain federal charge and agrees not to exercise his or her right to a trial, thereby saving the United States government time and resources while still securing a federal conviction. They are almost always specific to the district where the defendant was charged. They are typically filed publicly. They may or may not include sentencing recommendations. The defendant typically waives his or her right to an appeal with the exception of a handful of instances such as if the judge imposes a sentence that could be viewed as violating the Eighth Amendment of the United States Constitution that prohibits cruel and unusual punishment. The judge in a federal case makes the ultimate decision as to whether to accept the plea agreement offered by the United States government and the defendant. The judge will typically take into consideration, when deciding to accept a plea agreement, the interests of the general public and any victims, the underlying facts of the case, and the seriousness of the federal charges.

Substantial Assistance

Substantial assistance, typically referred to as “cooperation,” is information provided by a defendant to the United States that assists the United States in investigating and charging others. Cooperation can come in many forms including the disclosure of names and or aliases, phone numbers, social media accounts, physical addresses, GPS coordinates, controlled buys, the wearing of a wire, identification via a photograph array or a “photo lineup,” and/or the sharing of bank records or financial statements. This is not a complete list of cooperation. 

Good Time Credit

Federal inmates can earn up to 54 days of sentence reduction per year for good behavior and participation in educational programs, under 18 U.S.C. § 3624.

Our Federal Defense Practice

As former federal agents and prosecutor, we have firsthand knowledge of how the government builds cases. We:

• Challenge unlawfully obtained evidence

• Negotiate plea agreements strategically

• Litigate aggressively at trial when necessary

We help clients avoid or reduce penalties such as:

• Federal prison time

• Fines

• Probation

• Restitution

• Asset forfeiture