FEDERAL CRIMES

Facing Federal Charges

Federal criminal law is different from State crimes because the activity has been criminalized by the United States Congress, rather than each individual State.  Federal crimes are typically investigated by the FBI, DEA, IRS, ATF, United States Secret Service, United States Marshals Service, United States Postal Service, or Department of Homeland Security.  In many cases it takes years for the government to build a case.  However, when the government finally files charges, they are usually very serious. 

Additionally, because individual States have their own criminal code (Penal Law), many Federal violations are also violations of State law.  For this reason, someone who is charged with a crime in Federal court can also be charged with a crime in State court for the same offense.  Although this rarely happens, it is legal.  When this does happen, it creates additional concerns for the person charged.

Federal crimes are extremely intimidating because they are investigated by the federal government, usually involve lengthy and complex investigations, and result in very serious charges with the possibility of long prison sentences. Moreover, these charges sometimes "snowball" into the State court system as well, resulting in additional charges.

Types of Federal Crimes

Crimes falling within the jurisdiction of the federal government most often concern large amounts of money that is either stolen or misappropriated, large volumes of drugs, and crimes that cross state lines.  Crimes routinely prosecuted in federal courts are:

1.      RICO Charges

2.      Mail Fraud

3.      Wire Fraud

4.      Public Corruption

5.      Bank Fraud

6.      Mortgage Fraud

7.      Securities Fraud

8.      Money Laundering

9.      Tax Crimes

10.  Drug or Weapons Trafficking

11.  Import and Export Crimes

12.  Conspiracy crimes relating to any of the above.

STATE CRIMES

Facing State Charges       

Each State has a criminal code that sets forth conduct that is illegal.  In New York, that code is known as the Penal Law.  Listed below are crimes that the firm frequently encounters, which may also affect you. 

Misdemeanors

Misdemeanors in New York are crimes that are less serious than felonies. New York currently maintains three classes of misdemeanors, designated by the letters "A", "B", and "U" (or “Unclassified”). Class A and class U misdemeanors are punishable by up to one year in jail. Class B misdemeanors are punishable up to 90 days in jail.

In addition to possible jail time, a conviction for a Misdemeanor will result in a criminal record that can be obtained by anyone conducting a background check, including employers and the government.  Additionally, in New York it is not possible to later “seal” or “expunge” a criminal record.  As a result, if you are convicted of a Misdemeanor, the criminal record will stay with you for the rest of your life.

Additionally, some Misdemeanors accompany monetary fines, loss of driver’s license, and other penalties.

Felonies

The most serious offenses in New York are called Felonies. Felonies are crimes for which the punishment can be more than one year in prison. However, that doesn't mean the punishment must be more than one year.  An offense is a Felony if any possible punishment is more than one year in prison.

However, although punishment can be less than one year in jail for some charges, many Felonies are subject to sentences that can far exceed one year in jail.  Additionally, if you have a prior criminal conviction, the law sometimes requires larger jail terms. 

In addition to jail time, Felonies have very significant consequences.  For instance, many employers will simply not hire someone with a criminal history that includes a Felony conviction.  Moreover, a Felony conviction will stay on your criminal history for the rest of your life and can result in enhanced sentences or mandatory jail time if you are convicted of another Felony in the future.