## Federal criminal charges in New York Federal criminal cases are different from state cases — different rules, different prosecutors, different sentencing, different stakes. New York residents charged federally need attorneys with specific federal court experience. ## State vs federal — key differences | | State | Federal | |---|---|---| | Prosecutor | DA / county | US Attorney | | Investigators | Local police | FBI, DEA, ATF, IRS-CI | | Court | State court | US District Court | | Sentencing | State guidelines | US Sentencing Guidelines | | Parole | Available | NO PAROLE since 1987 | | Time served | Per state | 85% mandatory in federal | | Conviction rate | ~70% | ~95% | | Plea rate | High | Higher (~97%) | | Discovery | Earlier | Later (Brady-only often) | | Mandatory minimums | Some | Many + severe | | Trial frequency | More common | Rare | **Federal court is generally tougher.** ## Common federal crimes **Drug crimes:** - Trafficking (21 USC § 841) - Conspiracy (21 USC § 846) - Possession with intent to distribute - Manufacturing - Maritime / smuggling - 5/10-year mandatory minimums based on quantity **White collar:** - Wire fraud (18 USC § 1343) - Mail fraud (18 USC § 1341) - Securities fraud - Bank fraud - Money laundering - Tax evasion - Healthcare fraud - Public corruption - Embezzlement - Insurance fraud **Firearms:** - Felon in possession (18 USC § 922(g)) - Drug trafficking + firearm (924(c) — mandatory consecutive) - Straw purchases - ATF violations **Violent crimes (federal jurisdiction):** - Bank robbery (18 USC § 2113) - Carjacking (18 USC § 2119) - Federal officer assault - Hate crimes - Hobbs Act robbery - RICO **Drug + violence enhancement:** - 924(c) — using firearm during drug crime - Mandatory minimum 5 years CONSECUTIVE to underlying - 25-year mandatory for second offense (effectively life) **Sex crimes:** - Child pornography (18 USC § 2252) - Sex trafficking - Mann Act violations - SORNA registration violations - Travel + intent **Immigration crimes:** - Illegal entry / re-entry (8 USC § 1325, 1326) - Document fraud - Harboring / transporting - Smuggling **Cyber crimes:** - CFAA violations - Identity theft + aggravated identity theft (mandatory 2 years consecutive) - Computer fraud - Hacking **Tax crimes:** - Tax evasion (26 USC § 7201) - False return (26 USC § 7206) - Failure to file - Employment tax issues **Conspiracy:** - 18 USC § 371 (general) - 21 USC § 846 (drug) - Co-conspirator liability for substantive offenses ## Federal Sentencing Guidelines **Post-Booker (advisory):** - Court must calculate guidelines - Court must consider 18 USC § 3553(a) factors - Court can vary above / below guidelines - BUT must explain departures - Most sentences within / near guidelines **Guidelines calculation:** 1. **Base offense level** (offense-specific) 2. **Adjustments** (role, abuse of trust, victim characteristics) 3. **Acceptance of responsibility** (typically -3) 4. **Criminal history category** (I-VI) 5. **Sentencing range** (months) on grid **Common adjustments:** - Loss / quantity (financial / drug) - Aggravating role (organizer) - Mitigating role (minor / minimal participant) - Vulnerable victim - Obstruction of justice - Acceptance of responsibility - Cooperation (5K1.1 motion = below mandatory minimums) ## Mandatory minimums **Common federal mandatory minimums:** - 5 / 10 years drug (quantity-based) - 5 / 25 years 924(c) firearms - 2 years aggravated identity theft (consecutive) - 15 years 924(e) ACCA (3 prior violent + drug) - 5 / 15 years certain immigration - Life or death penalty (limited offenses) **Escapes from mandatory minimums:** - **Safety valve** (limited drug cases, low criminal history) - **Substantial assistance / cooperation** (5K1.1 motion) - **Charge bargaining** (avoid triggering charge) ## First Step Act (2018) **Key reforms:** - Reduced 924(c) stacking - Reduced career offender impact - Expanded safety valve - Earned-time credits for rehabilitation - Crack-cocaine retroactive relief - Compassionate release expansion - Re-entry programming **Affected many existing federal sentences.** ## Federal investigation phases **1. Initial investigation:** - Subject of investigation may not know yet - Grand jury subpoenas issued - Witnesses interviewed - Records gathered **2. Target letter / subpoena:** - Notice that you're a target - Subpoena to testify (with immunity sometimes) - Time to retain counsel + decide approach **3. Indictment:** - Grand jury returns true bill - Sealed sometimes (until arrest) - Specific charges identified **4. Arrest / surrender:** - Initial appearance - Detention hearing - Arraignment **5. Pretrial:** - Discovery (federal more limited than state) - Motions - Plea negotiations **6. Trial or plea:** - ~97% plea - ~3% trial - Federal trial conviction rate ~85% **7. Sentencing:** - PSR (Pre-Sentence Report) by Probation - Objections to PSR - Sentencing memorandum + arguments - Guidelines calculation + judge's decision **8. Post-conviction:** - Appeal (limited grounds) - 2255 motion - Compassionate release - First Step Act benefits ## Federal pretrial detention **18 USC § 3142 — Bail Reform Act:** - Presumption against release for some offenses - Drug + firearm cases especially difficult - Risk of flight + danger to community - Conditions of release - Detention hearing within days **Detention rate higher in federal court** than state. ## Cooperation / 5K1.1 **Substantial Assistance:** - Information leading to others' prosecution - Government files motion at sentencing - Below mandatory minimums - Significant guidelines reductions - Sometimes only path to reasonable sentence **Risks:** - Personal safety (witness protection sometimes) - Continued obligation - Family + community impact - Limited control of timing - Government decides if sufficient ## Plea bargaining **Common plea structures:** - Plea to lesser charge - Plea to single count of multi-count indictment - Stipulated factual basis - Sentence agreements (rare in federal) - Cooperation agreements - 11(c)(1)(C) plea (sentence cap, judge can reject) **Federal plea agreements often:** - Waive appeal rights - Waive collateral attack rights - Include cooperation requirements - Final unless rejected by court ## Key constitutional protections - Fourth Amendment (search + seizure) - Fifth Amendment (self-incrimination, double jeopardy, due process) - Sixth Amendment (counsel, speedy trial, jury, confrontation) - Eighth Amendment (excessive bail, cruel punishment) **Federal courts often more rigorous about constitutional protections than state.** ## Federal vs state — when both have jurisdiction **Common scenarios:** - Drug cases (often both) - Bank robbery (often both) - Multi-state crimes - Crimes on federal property - Crimes against federal officers **Considerations:** - Severity of likely federal sentence - Investigation resources federal can deploy - Federal judges' tendencies - 'Petite policy' (limits dual prosecution but allowed) - Sometimes choice of charge significantly different ## What you should do If you're a target / subject of federal investigation in New York: hire federal-experienced criminal defense counsel IMMEDIATELY — before any contact with agents. Federal cases differ enough that state-only criminal attorneys are often inadequate. Many New York federal defenders / CJA-panel attorneys are excellent. Private federal defense often $25K-$500K+ depending on case. Cooperation decisions made early have lasting impact. --- *This guide is general information about U.S. federal criminal law as of mid-2026 and is not legal advice. Federal criminal cases are technical + life-altering. Talk to a federal-court-experienced criminal defense attorney immediately.*