Crimes charged in federal court may lead to much harsher penalties than those in Omaha’s criminal courts. If you are facing federal criminal charges or are being investigated, do not wait to contact an experienced defense attorney. The Omaha federal crimes lawyers at Berry Law are familiar with how government agencies and law enforcement investigate these cases. The legal professionals at our firm also possess ample knowledge of federal sentencing guidelines.
Defending Charges in Federal Court
We are skilled defense attorneys and relentless trial lawyers. Since 1965, Berry Law has handled thousands of cases and successfully represented numerous clients in federal court. Not many criminal defense lawyers have the resources or the experience to deal with federal prosecutors and agencies that we do.
From investigating the details of your alleged crime and finding weaknesses in the prosecutor’s case to scrutinizing federal law enforcement search tactics, we prepare each case with tenacity and great attention to detail.
Common Examples of Federal Criminal Charges
One of the most common examples of a federal criminal offense is illegal drug distribution. According to 21 United States Code §841, selling or distributing a controlled substance can be a federal offense. In many cases, a conviction can result in a mandatory minimum jail sentence and the forfeiture of substantial assets.
Another common example of a federal offense is the use of technology to defraud other parties. Examples of cybercrimes include intercepting wire communications and the unauthorized use of a computer. Other federal charges an attorney can help with include:
- Drug trafficking or conspiracy
- Sex offenses (child pornography, solicitation of a minor, etc.)
- Public corruption
- Money laundering
- White-collar crimes (tax fraud, mortgage fraud, etc.)
A lawyer in Omaha can build a strong defense against any allegations of federal criminal activity.
How Does a Federal Criminal Charge Differ from a State Criminal Charge?
The federal criminal justice system operates independently of state courts. This means the laws that prohibit certain activities under federal law may be different from the provisions outlined in state law. Additionally, a violation of federal law will be prosecuted by federal authorities.
It is also possible for alleged criminal conduct to violate both state and federal law. One prominent example of this is drug possession. Simply obtaining a controlled substance is illegal under both federal and state law.
Even so, the potential penalties for a conviction in these settings will differ. An Omaha attorney can help you understand the differences between state and federal laws and how they can impact the outcome of your criminal case.
Can You Face State and Federal Charges for the Same Allegation?
It is possible to face charges from both state and federal prosecutors for the same crime. When you are accused of a crime that is illegal under federal and state law, neither government entity is required to give up its right to bring charges. It is not uncommon for individuals accused of fraud, drug trafficking, or child pornography possession to face charges on the state and federal level.
Additionally, the concept of double jeopardy does not apply. Double jeopardy protects you from being tried for the same offense twice. While that prevents the federal government from seeking charges against a person they have tried before, this restriction does not apply between state and federal charges.
Are All Federal Offenses Felonies?
Though most of the federal crimes that receive attention in the media are major offenses, not all federal offenses are felonies. There are misdemeanors that exist under federal law. Additionally, the federal government can prosecute state misdemeanor offenses that occur on federal property.
For example, a DUI case could go before a federal magistrate if it occurs on a federal military base. A hard-working lawyer can help you build a robust defense for misdemeanor and felony federal offenses. As a team with experience representing service members in military justice cases, we are well equipped to handle all of your federal charges.
How Does Federal Sentencing Work?
Federal law is very different from state law with regard to sentencing. Most states apply a specific sentencing range to each criminal offense. Federal law also sets a maximum and minimum penalty, but the specific sentence within that range can vary due to multiple factors. There are many conditions listed in the United States Federal Sentencing Guidelines that can increase or lessen the defendant’s criminal penalties within the range allowed by the statute.
The sentencing guidelines work as a point system. Factors such as prior convictions and the significance of your role in the crime can impact the number of points you accrue. The more points accumulated, the higher your sentence could be. If you were charged with a federal crime, a skilled criminal attorney can help you determine how many points you are likely to acquire.
Call an Omaha Federal Crimes Attorney Today
Regardless of the facts and circumstances of your case, we are here to help you get through this stressful time. We are confident that we have the resources, the skills, and the right experience to help you fight your federal charges.
Hiring an attorney from Berry Law can help you understand the charges that you face, identify realistic goals, and develop a strategy to help make those goals a reality. Start your defense by scheduling a confidential consultation with an Omaha federal crimes lawyer today.