Whether you are under investigation or are charged with a federal crime, these cases can be overwhelming for anyone. Many people are unsure why some crimes are handled at the state level while others are escalated to federal court. What makes a crime federal in Texas?
These crimes often involve violations of specific federal laws. Here is a look at what determines whether a crime becomes federal in Texas and why it matters for your case.
Federal Crimes and State Crimes
Whether a crime is classified as a state or federal offense, they are prosecuted under different laws. State crimes are violations of the Texas Penal Code. On the other hand, federal crimes violate laws enacted by Congress.
While many crimes, like theft or assault, are handled by state courts, some can trigger federal jurisdiction because of their scope, impact, or connection to national interests.
Violating a Federal Law
When a crime breaks federal law, it is considered a federal offense. These laws apply across the entire country, and violations are prosecuted in federal court.
Crimes can include:
- Drug trafficking
- Mail and wire fraud
- Tax evasion
- Counterfeiting
- Immigration offenses
If you’re facing charges for any of these offenses, they often fall into the federal government’s jurisdiction.
Crimes Involving Interstate Commerce or Crossing State Lines
The U.S. Constitution gives the federal government the power to regulate interstate commerce. As a result, any crimes across state lines are designated as federal offenses. These can include:
- Kidnapping: If someone is taken across state lines, it becomes a federal crime.
- Human trafficking: Transporting individuals for forced labor or sexual exploitation between states or countries violates federal law.
- Online crimes: Cybercrimes, like identity theft, hacking, or online scams, often qualify as federal offenses because the internet operates across state lines.
Even if a crime seems localized, federal jurisdiction kicks in when the activity crosses borders.
Crimes Committed on Federal Property
If a crime happens on federal property, that is automatically a federal matter. Texas has a large amount of federally controlled land, including national parks, military bases, and government buildings. Any criminal occurrences will be tried at the federal level. Some scenarios may include vandalizing a post office or committing a violent crime on federal lands.
Crimes Involving Federal Agencies
Offenses that target federal agencies or involve their employees also fall under federal jurisdiction. This includes:
- Assaulting a federal officer: Whether it’s a border patrol agent or an FBI investigator, harming a federal officer is a serious federal crime.
- Tampering with a federal investigation: Obstructing justice in a case involving federal authorities.
- Terroristic threats: Threatening federal agencies, like the IRS or Department of Homeland Security, triggers federal prosecution.
These cases often involve multiple investigations and will carry severe penalties with a conviction.
Why Do You Need to Know?
Federal crimes and their penalties are harsher than state crimes for various reasons. These offenses often involve violations of federal law, interstate activity, or threats to national interests, such as drug trafficking, fraud, or terrorism. Since these cases are handled by powerful agencies like the FBI and DEA, they have extensive resources to build strong cases.
With mandatory minimum sentences and limited judicial discretion, convictions carry longer, more uniform penalties. You need to know whether your charges fall into state or federal court so you can prepare your defense.
With the numbers stacked against you, make sure to reach out to an experienced federal criminal defense lawyer who knows how to protect your rights and build a solid defense in your favor.
What You Should Do When Charged?
What makes a crime federal in Texas? There are numerous factors. By understanding what makes a crime federal, you can be better prepared to handle the situation and protect your future.
If you’re under investigation or have been charged with a federal crime in Texas, consulting an experienced federal defense attorney is your best move. Reach out to the Law Office of Kerrisa Chelkowski, we are here to support you throughout any state or federal legal process. Contact us today to schedule a consultation so we can start protecting your rights.