The vast majority of criminal offenses are prosecuted in state superior courts. In California, many offenses fall under the jurisdiction of state courts, including most DUI / DWI offenses, drug crimes, domestic violence offenses, assaults, sex crimes, and homicides. However, certain crimes are prosecuted in federal court. Below are examples of Federal Crimes.
Federal crimes are, by definition, serious offenses that carry severe consequences, so it’s critical to have a top defense lawyer fighting for your rights. If you’re accused of committing a federal crime in Los Angeles, Riverside, San Bernardino, San Diego, Orange or Ventura counties, or anywhere in California, you need expert legal help. The experienced California Federal Crimes defense attorneys of The Kavinoky Law Firm will fight aggressively for your rights in federal court and work to shield you from any adverse repercussions.
There are several factors that determine whether an offense will be prosecuted in state or federal court. The first is the nature of the offense itself. Tax evasion and mail fraud, fall under the exclusive control of the federal government and thus will be pursued as a federal offense.
Other offenses that would normally be pursued in state courts are prosecuted as federal crimes because the defendant is alleged to have crossed state lines in the commission of the offense. Offenses such as kidnapping, murder, rape and child molestation are examples of crimes that can be pursued in federal court if, for example, the defendant is accused of traveling from California to another state during the commission of the crime.
Drug trafficking is commonly pursued as a federal crime under the authority of the Commerce Clause of the U.S. Constitution. Federal drug offenses generally carry far greater repercussions than the same offenses pursued in state courts.
Any offense that is committed in a location under the exclusive control of the federal government will also be pursued in federal courts. The District of Columbia, national parks, military bases, and U.S. territories such as Puerto Rico and Guam, are examples of locations where even relatively minor offenses such as DUI / DWI, will be pursued as federal crimes. Also, any offense committed in a federal courthouse or prison or aboard an aircraft or oceangoing vessel will be prosecuted in federal courts.
Federal crimes often carry far more severe consequences than similar offenses prosecuted in state courts. Also, if you are sentenced to federal prison, you may be sent to a facility much farther away from your home than a defendant sentenced to state prison.
Fortunately, it’s possible to aggressively fight federal criminal charges and create reasonable doubt of your guilt. The experienced California Federal Criminal defense attorneys of The Kavinoky Law Firm have the skills needed to effectively fight your federal charges and protect your rights. To learn more about aggressive defenses to federal crimes in California, contact us today for a free consultation.
The American Trial Lawyers Association has named him one of the “Top 100 Trial Lawyers in California” each year since 2007. Los Angeles magazine has identified Darren as a “SuperLawyer” every year since 2010. Darren received an “AV Preeminent Rating” by Martindale-Hubbell (a peer review ranking that signals the highest level of professional excellence and ethics); a perfect 10.0 Rating by Avvo.com (an independent attorney ranking site), and many other accolades.