Potential Consequences of Federal Charges

If you violate state laws, you may face state criminal charges prosecuted by the local district attorney in state courts. However, if your charges violate federal laws, you can face federal charges by federal prosecutors (U.S. attorneys) in federal court.

The consequences of a federal crime can be more serious than some state crimes. With so much at stake, you should talk to a federal criminal defense attorney to understand your legal rights.

Federal Criminal Charges for Federal Crimes

Most crimes involve state offenses. Other crimes, including wire fraud, mail fraud, or bank robbery, are federal offenses. Federal charges may involve:

• Violations of federal criminal laws
• Offenses occurring over state lines (kidnapping across state lines)
• Crimes that affect interstate commerce
• Crimes on federal property
• Crimes against the federal government

A federal criminal conviction can include more severe penalties than state charges. However, some state crimes carry longer penalties than some federal crimes. The potential consequences in the federal court system can include having to serve time in federal prison instead of a state prison. There are also collateral consequences that follow a federal criminal conviction.

What Are Mandatory Minimum Prison Sentences for a Federal Crime?

According to the United States Sentencing Commission, of the 57,287 federal criminal cases, 29% involved mandatory minimum prison time. Over 53% of offenders convicted of an offense with a mandatory minimum penalty did not receive a federal sentencing departure allowing them to serve less of this minimum sentence.

How Much Time Can I Serve for a Federal Crime?

Sentencing can depend on several factors, including the type of offense and your criminal history. The average sentence length for inmates serving a sentence at a federal prison includes:

• 139 months for those charged with a mandatory minimum offense
• 57 months for those who received a departure from federal sentencing guidelines
• 28 months for a federal criminal offense without a mandatory minimum penalty

Are There Civil Penalties for Federal Crimes?

There can be financial penalties for some crimes. For example, white-collar crimes like money laundering, counterfeiting, and tax fraud can include asset forfeiture penalties. The federal government can freeze or seize assets that were used or gained as part of the crime. This can also include houses and cars. It is hard to get these assets back. Money from seizing the property can be used for:

• Victim restitution
• Combating crime
• Preventing wrongdoers from benefiting from the crime

Are There Civil Liberty Restrictions Even After Completing My Prison Time?

If you have a federal conviction on your criminal record, you can face restrictions on your freedom. These can include losing the right to vote, own firearms, run for office, or serve on a jury or grand jury. And it becomes harder to get federal benefits, student financial aid, or find employment.

If you are convicted of child pornography, you may have to register as a sex offender. This can limit where you can live, who you can be around, what job you can have, and what you can see on the internet. Sex offenders will also have to register with law enforcement any time they move, and registry information is available to the public.

Non-citizens in the U.S. may also face removal or deportation for some criminal offenses. Additional collateral consequences of being convicted of a federal crime can vary based on individual state laws.

Can a Federal Felony Conviction Affect Employment Rights?

Some felony offenses will limit your professional opportunities. Depending on the profession, it can create barriers to nursing, teaching, or getting a broker’s license. It may also limit working in certain industries like banking, government jobs, some airport positions, or as a private security guard.

Job limitations may depend on the type of federal crime. If the offense is related to the job duties of employment, it’s more likely you could lose your job. You can also lose your right to work with children or vulnerable adults in service professions or daycare. If you are convicted of a federal drug conviction you may face limits on jobs in hospitals, pharmacies, and other medical careers.

Are There Initiatives to Help Federal Convicts?

There is a disproportionate impact on persons of color and federal inmates’ ability to successfully reenter the community after serving time in federal prison. There are some state and federal criminal justice system initiatives that can help convicts.

The White House Alternatives, Rehabilitation, and Re-Entry Strategic Plan was created in 2023. Though the plan is not binding federal law, it was created to focus on criminal justice system initiatives that may lessen the barriers federal inmates face after being in federal prison. Some of the strategic initiatives include expanding inmate access to:

• Health care
• Mental health care
• Federal benefits
• Housing
• Voter registration education
• Restoration of voter eligibility

It’s a challenge to start over after being convicted of a federal crime. Before you accept a plea bargain, get legal advice about your federal offense from a criminal defense lawyer. You don’t want to be facing a federal judge and risk lifelong barriers that limit your freedom.