If you are new to federal court matters, it is important to understand that state court and federal court are different jurisdictions with different laws. State criminal courts handle violations of state criminal law. Federal criminal courts handle violations of federal criminal laws and regulations. If you are arrested in Oklahoma on federal charges, you will need the help of a Muskogee federal criminal defense attorney.
Why Hire A Muskogee Federal Criminal Defense Attorney?
Federal jurisdiction extends to crimes that occur on federal or Indian land, involve federal officers, that involve physically crossing state lines such as in a kidnapping, or which occur across state lines such as internet crimes, immigration violations, or violations of other federal laws or regulations. This includes matters such as interstate commerce, copyright, patent, antitrust, and some maritime matters. But they also handle such things as child pornography, fraud, and other sex offenses.
Because the state and the federal government are different sovereigns, they can both bring charges for the same crime against a defendant in certain circumstances. This can make an already difficult issue much more complex for a defendant.
Federal Sentencing Is Harsh
Federal judges must adhere to federal sentencing guidelines. These guidelines are often harsher than state sentencing might be for the same or a similar crime. In addition, federal courts have both a high conviction rate and incarceration rate. There are strict terms and conditions for an offender released from federal prison.
Oklahoma Federal Districts
In order to handle a federal court matter, an attorney must be admitted to practice before the federal district. Attorneys must have knowledge of the Federal Rules of Civil and Criminal Procedure and Evidence as well as the Rules of the United States Court of Appeals for the district they will appear before.
Oklahoma has three Federal Court Districts (Eastern, Western, and Northern). The Western District files the most cases (59%), followed by the Northern (32%). There is some overlap in the types of crimes charged in federal court, but many federal statutes cover specifically federal procedures and matters. Hence, you need the assistance of a skilled Muskogee federal criminal defense attorney.
Federal Drug Charges
Approximately 39.1% of federal criminal cases in Oklahoma involve illegal drugs. It is against federal law to possess, use, or distribute illegal drugs.
Under federal law, simple possession of an illegal drug can mean up to a year in prison and a fine of up to $1,000 for a first offense. 21 US Code § 844
A second conviction can lead to up to two years in prison and up to $2,500 in fines.
Possession of some drugs such as date rape drugs can mean longer federal sentences.
Penalties for drug trafficking are particularly harsh. Federal drug trafficking is defined as manufacturing, possessing with the intention to dispense, manufacturing, or distributing any amount of an illegal drug. Penalties can run from five years to life in prison. 21 US Code § 841
Firearms Charges In Muskogee
Approximately 17.2% of federal crime cases brought in Oklahoma involve firearms violations. These violations often involve possession by a person, such as a felon, who is prohibited from possession. 18 US Code § 922
It is also illegal to give or dispose of any firearm to any such person. Many possession charges carry prison terms of up to 10 years.
Firearms violations are charged in conjunction with other charges such as drug possession and trafficking charges. When a firearm is used or is present either along with a drug felony or in the furtherance of another violent crime, an offender could face anywhere from five years in prison to life in prison without parole — or even the death penalty if a death occurs as a result. 18 US Code § 924
Approximately 8.5% of federal criminal charges are immigration violations such as illegal entry and eluding immigration officers. These cases are misdemeanors and are punishable by fines and imprisonment — up to six months in prison for a first offense or up to two years behind bars for a subsequent conviction. 8 US Code § 1325
If the immigration crime involves a green card marriage, a defendant could face up to five years in prison and a fine of up to $250,000.
If you have been charged with a federal crime, you will need the help of a Muskogee attorney who is knowledgeable with regard to federal law and the federal court system.
Free Consultation With A Muskogee Federal Criminal Defense Attorney
Federal criminal violations carry harsh sentences. These are not matters to handle on your own. If you are facing charges contact a Muskogee attorney as soon as possible. Our federal criminal defense attorneys will work with you to develop a comprehensive defense plan.
Call 918-913-0725 today for an initial free consultation. You can also submit the question form at the top right of this page.