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Very generally, what are federal crimes?
Baltimore, MD
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Posted 3 months ago in Criminal Defense
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In general terms, can someone give me a list of federal crimes - like mail fraud, bank robberry, child pornography, drugs, etc.
How do they generally diifer from state crimes? Thank you, Steve - Is this your question? Add additional information Answers (3)Howard Woodley Bailey
This attorney is licensed in New Jersey.
Posted 3 months ago.
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Very generally, the list you started can be continued with any type of crime that you can think of. The general difference is that you are prosecuted by the US Attorney's Office rather then a State prosecutor. The sentencing consequences can be significantly more severe, as the federal sentencing arguments are much more rigid then the typical State statutes, and Yes, you can be prosecuted for the same offense in both courts, as Dual Sovreignity (think two authorities), permits this without constituting double jeopardy. Good luck.
Disclaimer This information is offered for informational purposes only, as I do not practice law in your State. It is not intended as legal advice and you should not rely upon it to decide how to resolve this issue. No Attorney-Client relationship is intended or established by this response. You are faced with a situation where you need to consult with an experienced defense lawyer admitted to practice law in your State before you make any decisions as to how to resolve this issue. Matthew G Kaiser
This attorney is licensed in Maryland and 1 other state.
Posted 3 months ago.
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That's a good question. It's also kind of a tricky one to answer. As a general matter, Congress creates federal crimes, and can create as many federal crimes as their power to legislate allows. As the Supreme Court has defined it over the years, that power is quite broad.
So, generally, federal crimes are crimes that Congress thinks should be prosecuted federally. There are currently more than 4400 federal crimes, and the list grows with each session of Congress. So, providing a list is kind of a tricky thing to do. Procedurally, someone who commits a federal crime is prosecuted by a federal prosecutor, instead of a state prosecutor, and they go to federal court instead of state court, and, if convicted and sentenced, go to federal prison instead of state prison. Each of these differences means something significant, but the significance gets a little tricky at some point. I blog about federal crime with some frequency. You may want to check out my blog - http://www.thekaiserlawfirm.com/blog Good luck!
Carlos Gonzalez
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