What Types of Criminal Offenses are Considered Federal Crimes in Nashville, Tennessee?
The FBI reports roughly 14 million criminal offenses per year, with offenders facing lengthy prison sentences, steep fines, and asset forfeiture. If you have been accused of a crime that has involved interstate activities or has broken federal law, you can expect to be tried in federal court. While you may think that your punishment will be over once your time is served, think again. Having a criminal record can also impact your ability to obtain gainful employment, making it difficult to support yourself following your release.
Understanding which types of crimes are typically charged at the federal level can help you safeguard your rights. In this blog, our Nashville, Tennessee, federal crime attorneys discuss common federal crimes and defenses.
Identity Theft
Confiscating an individual’s personal information without their permission to use it for your own financial gain is considered identity theft. This may include stealing a person’s social security number, bank account number, or credit card number. Even though identity theft is normally a state offense, if your activity involves multiple victims or interstate wire communications, you will likely face federal charges. If charged under 18 U.S.C. §1028, you may be fined and jailed for 15 years. However, if your theft is committed in connection with terrorism, then you may be imprisoned for up to 30 years.
Money Laundering
The act of taking illegally earned money and making it appear that it came from a legitimate source is known as money laundering. Money laundering is often charged with other white-collar crimes, such as wire fraud, embezzlement, and racketeering, to name a few. When assets are concealed in an attempt to avoid paying taxes or are in violation of federal law, you will likely be facing federal charges.
If convicted under 18 U.S.C. §1956, you may be sentenced to 20 years in federal prison, fined $500,000, or twice the amount of the laundered funds (whichever is greater), or potentially both. There is also a civil penalty that you will need to pay to the United States, which may be $10,000 or the value of the laundered funds (whichever is greater). Additionally, the government reserves the right to seize any property in connection with the crime.
Drug Trafficking
In 2023, 18,939 drug trafficking cases were reported in the United States. Drug trafficking is the illegal transportation, sale, or distribution of controlled substances. When large quantities of drugs are involved or if the activity crosses state lines, then it becomes a federal offense.
Federal penalties depend on the type and quantity of drug at play and if you have any prior offenses. For instance, trafficking less than 5,000 grams of cocaine is punishable by five to 40 years in prison, with a $5 million fine for individuals and $25 million other than an individual. If anyone was injured or killed as a result, the minimum sentence increases to 20 years, with the potential for life. These penalties apply to first-time offenders, with the severity of punishment increasing for subsequent offenses.
Defenses to Federal Criminal Charges
If you are facing federal criminal charges, your freedom and good name hang in the balance. Certain factual defenses may be available to you. Factual defenses are any claims that show that certain elements were not present to convict the defendant of the alleged crime.
For example, the prosecution bears the burden of proving your intent. Any evidence that demonstrates that you did not possess the requisite state of mind could get your charges dropped or dismissed. Also, certain offenses, such as identity theft, may not hold muster if you can prove that you had the individual’s consent to use their personal information.
However, if law enforcement obtained evidence in violation of your Fourth Amendment rights, we may request the judge suppress any correlating evidence. Additionally, if the police did not read you your Miranda rights and you provided a confession while under custody, we will most likely ask for your testimony to be discarded. These are both examples of procedural defenses in which the legal process was not followed properly.
Given your circumstances, certain defenses will hold more weight than others. At Andrew C. Beasley, PLLC, our Nashville federal crime attorneys will conduct a “deep dive” into your matter to determine what defenses may apply in your situation.
Facing Federal Charges? Contact Our Nashville, Tennessee Federal Crime Lawyers Today
Minimum sentencing for a federal crime is harsher than state-level crimes, making it necessary to acquire competent representation. At Andrew C. Beasley, PLLC, we give each case the attention that it requires to help you achieve the best possible outcome. If a conviction is inevitable, we will do whatever it takes to help you get a reduced sentence. To schedule your free consultation with a Nashville, Tennessee, federal crime lawyer, contact us online or give us a call today.