Federal Crimes Assistance With a New York Federal Attorney
If you are a target of a federal criminal investigation or have been charged with a federal crime, you should be aware that the federal investigatory process and the prospects of facing federal charges can be terrifying. As a result, it is very important that you work with an experienced New York federal attorney who can walk you through every step of the process, advise you of your rights, advocate on your behalf and vigorously defend your rights.
You should not be fooled into believing that a federal criminal investigation is the same thing as a state investigation. The federal government has virtually unlimited resources and its investigators and prosecutors are well trained and hardened. That is why it is imperative to work with a New York federal attorney equally experienced in federal crimes and not an attorney limited to state criminal experience.
For over two decades, Attorney Frederick L. Sosinsky has successfully defended individuals and businesses against the federal government. In this time, Mr. Sosinsky has developed a reputation and credibility with his federal counterparts allowing him to get the desired results for his clients.
Types of Federal Crimes
There is a wide variety of federal crimes for which you may be charged. Some of the most common types of charges that a federal criminal attorney deals with include, but are not limited to, the following:
- Drug Crimes. Drug crimes can include a variety of offenses from misdemeanor drug possession to felony drug manufacturing charges.
- Conspiracy. Conspiracy is a very broad category of crime that generally covers any agreement by two or more people to engage in a criminal endeavor and an act toward commission of the crime.
- RICO Violations. RICO is a broad federal law that targets racketeering crimes usually related to a criminal organization or syndicate.
- Mail and Wire Fraud. Mail and wire fraud includes crimes to deprive someone of property through communications via the mail or wire communications.
- Credit Card Fraud. This type of fraud can include identity theft, hacking and other crimes related to an individual’s credit card.
- Health Care Fraud. Health care fraud can involve deception to receive federal benefits and insurance fraud.
- Bank and Securities Fraud. These can include crimes against a financial institution, stock market, bank or specific type of security.
- Tax Fraud. Tax fraud is a very common criminal charge involving under-reporting your income or making other false statements on your income tax returns.
- Identity Theft. Usually an Internet crime, defendants accused of identity theft try to take on the persona of a victim to deprive the victim of some property.
- Counterfeiting. Any crime involving U.S. currency is charged at the federal level.
- Perjury. Perjury involves lying while under oath.
- Internet Crimes. Internet crimes cover a broad array of crimes ranging from phishing schemes, hacking, identity theft, child pornography and other crimes.
You should know that if you are a target of a federal criminal investigation for any offense, the most important thing you can do may be to seek legal representation as soon as possible. Too often, the things you say and do before seeking legal representation can severely harm your case.
Sentencing of Federal Crimes
One of the biggest differences between state and federal courts is the uncertainty of sentencing in a federal case following conviction, a New York federal attorney advises.
In state court, there is relative certainty in knowing the exact penalties that you face. However, in federal court, the federal judge making the sentencing decision is not involved in any plea-bargaining before making his or her decision, and the prosecutor and defense attorney typically do not consult with the judge before a plea is made. As a result, the judge oftentimes does not have knowledge to what the parties discussed or negotiated to arrive at the plea deal.
Additionally, the federal judge is not bound by what the parties agree. For example, even if the prosecutor and the defense agree that there should be an upper limit on a prison sentence, the sentencing judge is not obligated to follow what the parties decided upon. A judge is bound by the statutory minimums and maximums and must give consideration to the federal sentencing guidelines, but these limits are typically very broad effectively giving the judge total discretion.
Given these uncertainties with the federal sentencing process, federal criminal defendants should be aware that there are steps that your New York federal attorney can take to help you get a more lenient sentence through a process called sentence advocacy.
During sentence advocacy, the accused and the defense attorney may present evidence to the court explaining why there are mitigating circumstances and why a more lenient sentence is appropriate. In effect, your attorney will go from arguing your innocence to arguing why you deserve a less severe punishment.
An experienced New York federal attorney will know how to advocate on your behalf given your background information, criminal history, friend and family testimony, character references and other extenuating circumstances such as medical and health concerns.
Contact a New York Federal Attorney
If you have been charged with a federal crime in New York state, it is important that you work with an experienced federal criminal attorney. The laws and regulations regarding federal crimes are very different than state crimes, and the penalties can be much more severe. As a result, you will want to work with an attorney knowledgeable about the federal criminal process.
New York federal lawyer Frederick L. Sosinsky has successfully defended many federal defendants over the course of two decades of practice. To discuss the specific details of your case with Mr. Sosinsky and to learn your options and defenses, call 212-285-2270 or call the emergency number 917-749-4420 during non-work hours.
Examples and Types of Federal Crimes
Being arrested for a misdemeanor or a felony can be frightening. You don’t know what to expect regarding the information that will be on your criminal background as the details could impact employment and housing in the future. Sentencing could be a concern as well due to not knowing how long you could have to stay in jail or how long you’ll be on probation if you’re not sentenced to jail time. Federal crimes are a bit more detailed, sometimes take longer to prosecute, and often involve several key players in the courtroom including multiple prosecutors, witnesses, and a jury. Here are a few types of federal crimes and what you might be able to expect if you’re charged.
This is a federal crime that can occur by anyone in the country or someone who is visiting the country. It could be a bomb threat called into a high school, someone shooting inside a school or a public establishment, or someone using a large device to cause an explosion. This is a crime that is taken seriously as the actions of others who commit terrorism could result in groups of people or individuals following along and committing similar acts in the country or abroad.
Due to more people using the internet and mobile devices, cybercrime is usually considered a federal offense and can be punishable by several years in prison as well as significant fines. Bullying someone online, distributing porn, and hacking into another person’s private accounts would all be considered cybercrimes. This is a federal crime that could take some time to establish regarding the evidence as the prosecution usually needs to have clear proof that the person in question is responsible.
Although being inside or operating a vehicle might not seem as though it would be considered a federal crime, there are various types to consider that could result in jail time or fines. One is shining a laser light into an aircraft. Drive-by shootings can also be considered federal crimes depending on the weapons used, the injuries or deaths that occurred, and where the shooting took place.
If you make the decision to remove certain animals from their habitat or transport animals of an endangered species to another location, then you could be charged with a federal crime. You could also be charged if you violate provisions set forth by the state you live in or by the country for hunting, fishing, and other animal regulations.
Illegally Living In The Country
Living in the country illegally can be considered a federal crime. There are proper channels that you can go through in order to stay in the country legally. If you have a visa and stay longer than the length of time specified, then it could lead to a federal charge. Allowing an illegal immigrant to remain in your home so that the person doesn’t have to go back to their home country can also lead to both parties being charged instead of only the one who is the illegal immigrant.
In many situations, drug crimes are charged and prosecuted by state authorities. If the arrest is made by federal officers, then the case is tried in a federal court system instead of the state courts. Drugs that are transported across state or country lines can also be charged as federal crimes, leading to charges in each state or country depending on how the prosecution wants to proceed.
You’ve likely heard about blue collar crimes, but there are white collar crimes to consider as well. These often involve businesses and finances. Even though white collar crimes usually don’t involve violent acts, they are just as severe as they could lead to taking money from someone’s bank account, committing tax fraud, or committing identity theft either as a business owner or as an individual who wants to obtain information about someone else or perform activity as someone else.