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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. If you have been accused of a federal crime in Miami, our 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 Miami criminal defense attorney as soon as possible. Our lawyers have experienced a wide variety of federal cases and know how to build the strongest defense possible!

Our experienced lawyers have handled the following cases and more:

If you are facing criminal charges in Miami, trusted the experienced attorneys at Jeffrey S. Weiner, P.A. Schedule a consultation today!

What Are Federal Hate Crimes?

In Florida, federal law hate crimes are defined as causing a bodily injury to another because of that person’s race, color, religion, or another protected characteristic. Bodily harm is classified as a cut, abrasion, physical pain or illness. An injury that is purely emotional or psychological in nature is not considered a bodily injury.

Those who are accused of hate crimes face a series of harsh penalties, including life in prison, and financial penalties. If you have been charged with a hate crime, it is crucial to retain an experienced federal crime attorney who can help protect your rights.

The protected characteristics include:

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

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 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.

Our lawyers have the skill and resources to defend against federal charges. Please contact our office at (305) 670-9919 for help with your case today.

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