You must have heard of federal law, whether on TV or in real life. However, most people are not aware of “What are federal crimes?” State courts handle most criminal cases in the U.S., but the federal government steps in when states don’t have jurisdiction. This happens when certain crimes are under federal law, take place on federal property, or involve crossing state lines. In some cases, a crime can be prosecuted at both the state and federal levels.
Federal Crimes Examples
Federal crimes are offenses that break U.S. federal laws, often involving interstate activities or federal property. Article 18 of US law provides a complete but not all-inclusive list of these crimes. These crimes are prosecuted in federal courts and include:
- Drug Crimes: Includes drug trafficking, distribution, and manufacturing, especially in large operations or across state or international borders. Examples: drug possession, smuggling, and trafficking.
- Firearms Violations: Involves illegal gun sales, possession by restricted individuals, or gun trafficking.
- Fraud: Covers crimes like healthcare, mail, wire, and securities fraud, usually involving scams that cross state lines or use federal communication systems. Examples include major fraud against the U.S. and wire fraud.
- Tax Evasion: When individuals or businesses avoid paying federal taxes by misreporting finances to the IRS.
- Immigration Violations: Includes illegal entry, overstaying visas, and fake marriages for immigration purposes.
- Cybercrimes: Crimes committed online, such as identity theft, hacking, and distributing illegal content.
- Money Laundering: Hiding the source of illegal money, often connected to drug trafficking or terrorism.
Some other federal crimes Include aircraft hijacking, carjacking, kidnapping, bank robbery, credit card fraud, identity theft, hate crimes, animal cruelty, RICO violations, counterfeiting, espionage, illegal wiretapping, election fraud, and damaging public property like mailboxes.
Most Common Federal Crimes
The most common federal crimes in the U.S. include drug trafficking, gun violations, fraud, sex crimes, and immigration offenses. In 2021, drug crimes made up 31.3% of federal cases, followed by immigration offenses (29.6%), firearms violations (14.2%), and fraud, theft, or embezzlement (8.0%).
How Many Federal Crimes Are There?
Determining the exact number of federal crimes is difficult because there is no single, complete list. Estimates suggest there are about 4,500 crimes in the U.S. Code, with possibly hundreds of thousands more in federal regulations. In 1982, the Department of Justice tried to count them manually but could only provide an estimate. A text analysis study estimated 5,199 federal crimes in 2019, an increase from 3,825 in 1994.
Federal Crimes Vs. State Crimes
The main difference between federal and state crimes is the laws they break: federal crimes violate U.S. laws, while state crimes break state laws. Federal laws apply nationwide, but state laws vary. Some main differences are as follows:
- Jurisdiction: Federal crimes involve laws passed by Congress and often include offenses that cross state lines, affect federal agencies, involve immigration, or happen on federal property. State crimes involve laws passed by state legislatures and cover offenses within a state, like murder, robbery, and theft.
- Investigation & Prosecution: Federal crimes are investigated by agencies like the FBI, DEA, or IRS and prosecuted by U.S. attorneys. State crimes are handled by local or state police and prosecuted by county or district attorneys.
- Sentencing: Federal sentencing follows strict guidelines and often leads to longer prison terms. State sentencing varies, offering more flexibility, though some states have mandatory minimums.
- Examples: Federal crimes include terrorism, tax evasion, bank fraud, mail fraud, and email theft. State crimes include murder, rape, DUI, theft, drug possession, robbery, and assault.
- Court Procedures: Federal and state courts operate separately. Federal courts follow national rules, and sentencing is based on federal guidelines, while state courts follow their own rules and sentencing policies.
What Is the Minimum Sentence for A Federal Crime?
In the U.S. federal system, mandatory minimum sentences require judges to impose a set prison term for certain crimes, as determined by Congress. If no mandatory minimum exists for a crime, the minimum sentence is usually probation. Crimes with mandatory minimum sentences are:
Drug Crimes:
Many federal drug offenses, even non-violent ones, carry mandatory minimum sentences. The drug type and amount affect the sentence.
- Heroin: 100g = 5 years; 1kg+ = 10 years
- Cocaine: 500g = 5 years; 5kg+ = 10 years
- Methamphetamine: 5g pure or 50g mixed = 5 years; 50g pure or 500g mixed = 10 years
Weapons Crimes:
Having a firearm during a crime can add mandatory prison time. For example, possessing a gun while committing a drug crime adds at least 5 years to the sentence.
Sex Crimes:
Offenses involving children often have strict minimum sentences.
- Producing child pornography = 15 years minimum
- Distributing or receiving child pornography = 5 years minimum
These sentences limit a judge’s ability to adjust punishment based on individual circumstances. On average, cases with mandatory minimums result in 144 months in prison, compared to 29 months for crimes without them.
Wrapping Up
Now that you know, “What are federal crimes?” You must also acknowledge that If you’re under investigation for a federal crime, the government will collect as much evidence as possible to build a case against you. Being careful about who you trust is crucial.
If you need help with civil rights or business cases, contact our qualified attorneys at Edwards Sutarwalla Samani LLP. Call us at (713) 565-1353 to make an appointment.