The term “federal crimes” could refer to any criminal activities that violate United States laws, but the term is more typically used to refer to crimes of this nature that actually end up in federal court with formal criminal charges filed. Learning a little more about the most common types of federal crimes can help individuals better understand and navigate the daunting and consequential legal system that is the federal criminal court.
First, it’s important to note that there are a variety of reasons a crime might be prosecuted at the federal level (rather than by the state). These potential reasons range from interstate crime rings to national security implications or sometimes simply the severity of the crime. As such, there are a wide range of different federal crimes on the books that individuals in the United States can be charged with.
According to federal justice statistics from 2022 (the most recent year for which complete data is currently available), almost 70% of all federal arrests fall into three main categories. These categories are:
To zoom in on specific crimes, rather than just broad categories, we can look at a 2024 report by the Pew Research Center analyzing crime data from federal sources, including the FBI (Federal Bureau of Investigation). According to this analysis, the most common crimes in the United States, by a wide margin, are non-violent property crimes:
While the above numbers are provided by federal sources, it’s important to note that they are an attempt to aggregate the totality of crime data in the United States and not just federal-level cases. Because federal cases usually involve more serious crimes, we cannot extrapolate these crime rates directly.
For instance, it is unlikely that federal agents or courtrooms would be involved in very many–if any–of the petty larceny cases that top the list of most common crimes in the United States for 2024.
A: The most common federal crimes, according to federal data from 2022, are immigration violations. This can include things like illegally entering the United States or helping someone else do so. While these cases tend to be non-violent in nature, harsh punishments are possible in many scenarios, such as illegal re-entry after a previous deportation.
A: There are many factors that can make a case “go federal,” although it is certainly not a formally defined term under the law.
As one example, organized crime cases that involve infractions in multiple different states are likely to be escalated to federal authorities. While there are various avenues for a case to “go federal” in this manner, the most common scenario involves a law enforcement agent within the United States Department of Justice (DOJ) referring a case to a federal prosecutor, leading to federal charges.
A: Federal charges are typically a very serious legal matter that calls for a swift and effective federal defense strategy. That being said, federal cases, just like state-level criminal cases, will vary quite a bit in their gravity and consequences based on the unique circumstances and details of each individual case.
A: A federal crime is not “worse” than a felony, and in fact, this question represents a misunderstanding of how crimes are classified. Federal crimes and state crimes are both sub-categorized based on their seriousness, with the two main classes being misdemeanors (less serious) and felonies (the most consequential crimes carrying the most severe penalties).
In certain scenarios, the potential sentence for a federal misdemeanor conviction could very well be lighter than the sentence for a felony prosecuted at the state level.
If you’ve been charged with a federal crime and aren’t sure what your options are, we can help. Attorney Richard Kuniansky and his team are dedicated to helping people facing serious federal charges, and we’d be happy to have a confidential chat about your case. Please reach out at your earliest convenience to set up a consultation.
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