Miami Federal Crime Attorneys

Strongly Protecting You Against Federal Criminal Charges

Many criminal cases take place in Florida state courts, however, the federal government also has the power to arrest you and charge you with a crime. Federal criminal laws are very different than state laws, setting out different types of charges and different penalties for convicted offenders; our Miami federal crime attorneys can help.

Federal investigators and prosecutors often focus on more serious cases and, therefore, the penalties are generally more serious in federal criminal court. Anyone who is under federal investigation or is facing any type of federal criminal charge should consult with a highly experienced federal crime attorney in Miami as soon as possible.

Our experienced lawyers can handle the following matters, and more:

• Federal Bail Bonds
• Evidence In Federal Courts
• False Statements
• Federal Environmental Crime
• Federal Grand Jury
• Firearm & Gun Crimes
• Frozen Assets
• Obstruction Of Justice
• Seized Property

Common Federal Crimes

The following are examples of common federal cases that Jeffrey S. Weiner, P.A. regularly handles:

• Computer crimes — There are numerous acts that involve computers or software and are against federal laws, including hacking, wrongfully obtaining information, identity theft, trafficking passwords or personal data, and much more.
• False statements — Anyone suspected of making untrue statements to any representative of the federal government may face charges under federal law. The charge is commonly used in response to perjury, government fraud, or obstruction of justice cases.
• Environmental crimes — Individuals suspected of violating environmental laws may face criminal charges in addition to civil sanctions. These crimes often involve unlawful waste disposal, air or water pollution, and wildlife abuse, among others.
• Firearm and weapons offenses — Crimes involving firearms and other weapons can include unlawful possession, providing false information to obtain a gun, importing or manufacturing weapons, transporting weapons, and using a firearm in the commission of another crime.
• Mail, wire, and bank fraud — Fraud generally refers to using deceptive practices for your own wrongful personal gain. Anytime the fraud scheme makes use of the U.S. Postal Service or electronic devices, you may face mail or wire fraud charges. If the fraud is against a financial institution, you may be charged with bank fraud.
• Mortgage fraud — The FBI and federal authorities take fraud involving mortgage lending or borrowing very seriously and prosecute these offenses as mail, wire, or bank fraud, in addition to any other relevant charges. Penalties can include a fine of up to $1,000,000 and/or up to 30 years in federal prison.
• Obstruction of justice — This charge can apply anytime a prosecutor believes an individual is trying to impede a federal investigation or case by destroying evidence, making false statements, and other similar acts.

What Are Federal Hate Crimes?

Federal law prohibits U.S. residents from causing a bodily injury to another because of that person’s race, color, religion, or another protected characteristic. Those who are accused of hate crimes face a series of harsh penalties, including life in prison, so if you have been charged with a hate crime, it is crucial to retain an experienced federal crimes attorney who can help protect your rights.

Protected Characteristics

Under federal law, it is unlawful to willfully cause bodily injury to a person or to attempt to cause a bodily injury through the use of a firearm or dangerous weapon because of the person’s actual or perceived:

• Race;
• Color;
• Religion;
• National origin;
• Gender;
• Sexual orientation;
• Gender identity; or
• Disability.

Furthermore, to justify prosecution a bodily injury must involve at least one of the following ailments:

• A cut, abrasion, burn, or bruise;
• Disfigurement;
• Physical pain;
• Illness; or
• Physical or mental impairment.

An injury that is purely emotional or psychological in nature is not considered a bodily injury.

Establishing Federal Jurisdiction

Defendants convicted of this offense can be sentenced to up to ten years in prison. However, if a death resulted from the defendant’s action or the offense involved any of the following crimes, he or she faces a life sentence:

• Kidnapping;
• Attempted kidnapping;
• Aggravated sexual abuse;
• An attempt to commit aggravated sexual abuse; or
• Attempted murder.

Regardless of the result of the alleged offense, a person cannot be charged under the federal statute unless the conduct occurred during the travel of the defendant or victim:

• Across a state line or national border; or
• While using an instrumentality of interstate or foreign commerce.

If a defendant’s conduct does not satisfy either of these requirements, he or she can still be charged under the federal law if he or she:

• Used an instrumentality of interstate commerce; or
• Used a dangerous weapon that had traveled in interstate or foreign commerce.

Finally, a defendant can be charged under federal law if his or her conduct:

• Interfered with economic activity in which the victim was engaged; or
• Affected interstate or foreign commerce.

Certification

The U.S. is prohibited from prosecuting someone under the federal statute until the Attorney General certifies that:

• The state of Florida does not have jurisdiction over the matter;
• Florida has asked the federal prosecutor to assume jurisdiction;
• The verdict handed down in Florida did not vindicate the federal interest in eliminating violence motivated by bias; or
• Prosecution by the federal government is in the public interest.

Finally, unless the alleged offense involved a death, a person cannot be prosecuted under the federal law if the event did not occur within the last seven years.

Resource: law.cornell.edu/uscode/text/18/249

Discuss Your Case with an Experienced Miami Federal Crime Attorney Today

Federal criminal cases can be complex with extensive investigation and evidence against you. In addition, the penalties can be severe for many federal convictions. The procedures in federal criminal court vary significantly from state criminal court, so it is important that you have a Miami federal crime attorney on your side who is thoroughly familiar with the procedural rules as well as the substantive laws.