Federal crimes in Florida involve violations of laws passed by U.S. Congress. These laws are generally considered very serious and are prosecuted by government agents such as the FBI or the FEC.
Melbourne Lawyer for Federal Crimes
If you or a loved one have been charged with a federal crime, know that your freedom requires immediate action. Mark Germain provides legal defense to clients charged with a number of crimes, including those on the federal level.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
- Types of Federal Offenses in Florida
- Maximum Fines and Jail Time
- Federal Criminal Process
- Penalties for Federal Crimes
- Differences Between Federal and State Crimes
- Potential Defenses to Federal Charges
- How Can a Federal Criminal Defense Attorney Help Me?
- Additional Resources
- Hire a Lawyer for Federal Crimes in Brevard County FL
Types of Federal Offenses in Florida
Financial and White-Collar Crimes
- Bank Fraud: Engaging in activities to defraud a financial institution by means of false pretenses or promises.
- Wire Fraud: The use of telecommunications or the internet to execute a scheme intended to defraud others.
- Mail Fraud: Using postal services to carry out fraudulent schemes.
- Identity Theft: Stealing personal information to commit fraud or other crimes.
- Tax Evasion: Willfully avoiding paying legally owed taxes through underreporting income or other fraudulent means.
- Money Laundering: Processing criminally obtained money to make it appear legitimate.
- Securities Fraud: Engaging in deceptive practices in the stock or commodities markets to manipulate or mislead investors.
- Credit Card Fraud: Using stolen or fake credit cards to make unauthorized purchases.
- Embezzlement: Misappropriating funds or property entrusted to one’s care.
- Bankruptcy Fraud: Fraudulently concealing assets or lying on bankruptcy filings to gain financial advantages.
Drug-Related Crimes
- Drug Trafficking: Manufacturing, distributing, or possessing controlled substances with the intent to distribute them illegally.
- Drug Manufacturing: The production or cultivation of illegal drugs or controlled substances.
- Drug Importation: Illegally bringing controlled substances into the country.
- Possession of a Controlled Substance: Knowingly possessing illegal drugs or controlled substances without authorization.
- Conspiracy to Distribute Drugs: Planning or agreeing with others to distribute illegal drugs or controlled substances.
Violent Crimes
- Murder: Unlawful killing of someone else with malice aforethought.
- Manslaughter: The unlawful killing of someone without premeditation.
- Assault with a Deadly Weapon: Using a weapon to intentionally cause serious harm or injury to another individual.
- Kidnapping: Abducting a person and holding them against their will, often for ransom or other illegal purposes.
- Domestic Violence: Committing acts of violence or abuse against a partner or family member.
- Armed Robbery: Using weapons or force to steal from an individual or business.
- Carjacking: Forcibly taking possession of another person’s vehicle.
- Hate Crimes: Committing violent acts against individuals or groups based on race, religion, ethnicity, sexual orientation, or other protected characteristics.
- Human Trafficking: Forcing or coercing individuals into labor or sexual exploitation.
Cyber and Technology-Related Crimes
- Computer Hacking: Unauthorized access to computers, networks, or systems to steal information or cause damage.
- Phishing: Fraudulently obtaining sensitive information by impersonating legitimate institutions via email or websites.
- Cyberstalking: Harassing or intimidating someone using electronic communications, including social media.
- Intellectual Property Theft: Stealing copyrighted materials, trademarks, or patents, typically via digital means.
- Child Pornography: The production, distribution, or possession of explicit content involving minors.
Public Order and Government Integrity Crimes
- Obstruction of Justice: Interfering with the investigation or administration of justice by law enforcement.
- Perjury: Lying under oath in judicial or governmental proceedings.
- Bribery: Offering, giving, or receiving something of value to influence the actions of an official.
- Contempt of Court: Willful disobedience or disrespect toward a court’s authority or order.
- Election Fraud: Illegally influencing the outcome of an election through tampering or false voting practices.
- Treason: Betraying one’s country by aiding its enemies or attempting to overthrow the government.
- Harboring a Fugitive: Providing shelter or assistance to someone evading arrest or prosecution.
Immigration-Related Crimes
- Illegal Reentry: Returning to the United States after having been deported or removed.
- Human Smuggling: Facilitating the illegal entry of individuals into a country, usually for financial gain.
- Visa Fraud: Providing false information to obtain a visa or using a visa in an illegal manner.
- Document Fraud: Falsifying or altering immigration or identification documents.
Firearm and Explosive Crimes
- Illegal Firearm Possession: Owning or possessing firearms without proper authorization or after a prior felony conviction.
- Gun Trafficking: Illegally selling or transporting firearms across state or international borders.
- Unlawful Firearm Sales: Selling firearms without proper licensing or conducting illegal background checks.
- Possession of an Unregistered Firearm: Having a firearm that has not been properly registered under federal laws.
- Use of Explosives in a Crime: Using or possessing explosives to commit or further criminal activities.
- Arson: Intentionally setting fire to property or structures, often for malicious or criminal purposes.
Maximum Fines and Jail Time
- Class C Misdemeanor: 30 days jail, $5,000 fine.
- Class B Misdemeanor: 6 months jail, $5,000 fine.
- Class A Misdemeanor: 1 year jail, $100,000 fine.
- Class E Felony: 3 years prison, $250,000 fine.
- Class D Felony: 6 years prison, $250,000 fine.
- Class C Felony: 12 years prison, $250,000 fine.
- Class B Felony: 25 years prison, $250,000 fine.
- Class A Felony: Life in prison or death, $250,000 fine.
Federal Criminal Process
- Initiation: A federal investigation often starts with a tip-off or report of illegal activity. This can come from a private citizen, a business, or a law enforcement agency. Federal agencies like the FBI, DEA, or ATF are usually the first to get involved.
- Surveillance and Evidence Gathering: Federal agents begin collecting evidence, which can include physical evidence, surveillance footage, and wiretaps. They may also use undercover operations to gather more information.
- Grand Jury: A grand jury reviews the evidence to determine if there is enough to charge the individual with a crime.
- Arrest and Initial Hearing: The suspect is arrested and brought before a judge for an initial hearing where charges are read, and the suspect can enter a plea.
- Pre-Trial Motions: Both the prosecution and defense can file motions before the trial begins to influence the direction of the case.
- Trial: Federal trials are conducted in U.S. District Courts with a jury deciding the outcome based on presented evidence.
Penalties for Federal Crimes
Prison sentences, fines, probation, asset forfeiture, and a permanent criminal record are some potential penalties for federal convictions. Sentences follow federal guidelines and tend to be stricter than those for state crimes.
Differences Between Federal and State Crimes
- Jurisdiction: Federal crimes are prosecuted in U.S. District Courts, while state crimes are handled in state courts.
- Agencies: Federal agencies like the FBI, DEA, and ATF handle federal cases, while local police manage state cases.
- Bail Procedures: Bail in federal cases is decided by a U.S. Magistrate rather than following a set schedule.
- Sentencing Guidelines: Federal crimes follow strict sentencing guidelines set by the United States Code and the Federal Sentencing Guidelines.
- Appeals: Federal appeals go to the U.S. Court of Appeals, whereas state appeals are within the state court system.
Potential Defenses to Federal Charges
- Challenging Illegal Evidence: The defense can argue that evidence was obtained illegally, seeking to suppress it.
- Disputing Federal Jurisdiction: A lawyer can argue that the case should be handled at the state level.
- Examining the Evidence: The defense will review the evidence for errors or gaps.
- Cross-Examining Federal Agents: The defense will question agents to identify inconsistencies.
- Challenging Witnesses: The credibility of informants or co-defendants can be questioned to weaken the prosecution’s case.
- Attacking Conspiracy Charges: The defense may argue there was no agreement or collaboration to commit a crime.
How Can a Federal Criminal Defense Attorney Help Me?
- Explaining the Charges and Penalties: Your lawyer will clarify the charges and possible outcomes.
- Investigating and Gathering Evidence: They will collect evidence and interview witnesses.
- Building a Strong Defense: Your lawyer will weaken the prosecution’s case, aiming for a dismissal or reduced charges.
- Negotiating with Federal Prosecutors: Plea deals can be negotiated to avoid harsher penalties.
- Defending You in Federal Court: If a trial is necessary, your lawyer will present evidence and argue on your behalf.
- Seeking Alternatives to Prison: Your lawyer may advocate for probation or community service instead of incarceration.
- Filing Appeals: If convicted, they can file appeals to challenge legal mistakes made during the trial.
Additional Resources
United States District Court – Middle District of Florida – The U.S. District Court for the Middle District of Florida serves 35 counties across five divisions: Fort Myers, Jacksonville, Ocala, Orlando, and Tampa. It covers a 350-mile stretch from northeast Florida to the southwest coast. The court handles both civil and criminal cases and is part of the U.S. federal court system. With 13 district judges, 16 senior judges, and 17 magistrate judges, the court manages a large caseload, having received over 10,000 filings in 2020. The Clerk’s Office is headquartered in the Orlando Division.
Orlando Division401 West Central Boulevard
Orlando, Florida 32801
Clerk’s Office:(407) 835-4200
United States Code Title 18: Crimes and Criminal Procedure – The United States Code Title 18 covers laws related to crimes and criminal procedures in the U.S. It is a key legal reference for understanding federal criminal law. Managed by the Office of the Law Revision Counsel, this code is regularly updated to reflect current laws. It includes detailed information on various criminal offenses, penalties, and procedural rules.
Crime/Law Enforcement Stats – The FBI’s Uniform Crime Reporting (UCR) Program offers reliable crime statistics in the United States. Since 1930, it has collected data from over 18,000 law enforcement agencies. This resource explains crime trends, including reports on incidents, hate crimes, and officer safety. The data is updated quarterly and is accessible through the Crime Data Explorer.
Probation and Pretrial Services – The U.S. Probation and Pretrial Services System oversees probation and pretrial functions in federal courts. Established in 1927, it focuses on public safety and effective criminal justice processes. Probation officers manage offenders on probation, ensuring compliance with court-ordered conditions. This system also provides resources like the Federal Probation Journal and guidance on supervised release conditions. It plays a crucial role in balancing community safety with the rehabilitation of offenders.
Hire a Lawyer for Federal Crimes in Brevard County FL
Mark Germain understands that federal crimes are serious business. If you have been accused of violating federal law in regards to taxes, mail, or fraud on the Space Coast, you need to contact an experienced criminal defense attorney immediately.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.