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Federal Charges Lawyers
If you’re on our website, it’s because you’re in legal trouble – and need the best criminal defense attorney. Our goal is to simplify things. Our team has experience dealing with some of the toughest legal issues nationwide, so let’s detail how sentencing works, highlight the laws behind the charges, and talk about the defense strategies that can help you avoid going to jail.
Our law firm has offices throughout Long Island NYC.
Understanding Federal Charges
Federal charges are serious and typically happen when you’re accused of breaking a federal law—often something in Title 18 of the U.S. Code. Many of these crimes cross state lines or affect the federal government’s power. Examples include wire fraud, large drug schemes, firearms offenses, secretly moving money to hide illegal activities (money laundering), and white collar crimes that cross state lines. The process follows the Federal Rules of Criminal Procedure.
When the federal government looks into a case, you might see agencies like the FBI, DEA, IRS, or ATF involved. They have immense resources to build their case, and once they decide to charge you, it means they likely feel they have strong evidence against you. If you’re convicted in federal court, you’ll typically be punished under the federal sentencing rules and could serve time in a facility run by the Federal Bureau of Prisons (BOP).
Key Point about Double Jeopardy
Many clients worry they’ll be tried more than once for the same crime by the same government. Under the Fifth Amendment, double jeopardy prevents this from happening. But the U.S. Supreme Court has held in Blockburger v. United States, 284 U.S. 299 (1932), that the federal government is a separate sovereign from state authorities. This means it’s possible to face both federal and state charges arising from the same acts, if the elements of each crime or the interests of each jurisdiction differ.
Understanding State Charges
State charges usually come into play if the activity you’re accused of only breaks a state law, such as the New York Penal Law for crimes like assault, robbery, drug possession, or burglary. The local District Attorney’s Office files these charges, not a federal prosecutor. In New York, if you’re convicted of a felony, you might serve time in a state-run correctional facility, while a misdemeanor can carry up to a year in a local jail. Each state’s sentencing structure can vary. For example, New York classifies felonies from Class A (most serious) to Class E (less severe), each with different sentencing ranges.
One big difference is that state prosecutors might have less time and fewer resources than federal prosecutors, but they still can aggressively pursue serious charges. Even if your alleged offense seems less complicated, the local DA’s Office can push for harsh outcomes—especially if there’s a possible risk to public safety.
Why Federal vs. State Prison Matters
If you’re convicted of a federal crime, you’ll end up in the federal prison system, which is governed by the BOP. If you’re convicted of a state crime, you’ll serve time in a facility run by the state. Generally, federal prisons might have reputations for specific levels—like prisons for white collar criminals or large-scale drug offenders—while state prisons can hold a much broader population. In reality, both systems can be tough, and either way, you don’t want to wind up there.
Table: Quick Overview—Federal vs. State Prison
| Key Factor | Federal Prison (BOP) | State Prison (New York as an Example) |
|---|---|---|
| Governing Laws | Title 18 U.S. Code, Fed. Sentencing Guidelines | NY Penal Law (or equivalent in other states) |
| Prosecuting Authority | U.S. Attorney’s Office | District Attorney’s Office |
| Typical Charges | Conspiracy, wire fraud, white collar, large drug cases | Assault, robbery, local-level drug charges |
| Investigation Agencies | FBI, DEA, IRS, ATF | Local police, state investigators |
| Sentencing Rules | Mandatory minimums, U.S. Sentencing Commission | State sentencing guidelines, ranges by felony class |
Potential Penalties and Collateral Consequences
Federal sentences can be lengthy, especially if mandatory minimums are triggered by drug weight or prior convictions (21 U.S.C. § 841). White collar charges can also carry hefty prison terms, depending on the amount of loss and the number of victims. State sentences vary greatly, depending on the specific law, how serious the crime is, and your criminal background.
Regardless of whether you’re facing federal or state accusations, the consequences of a conviction might include long prison terms, big fines, paying back victims (restitution), probation, community service, or a mix of these. In addition to these direct consequences, there are other problems like losing your work licenses or having immigration problems if you’re not a U.S. citizen, or being barred from specific jobs.
Common Defense Strategies—Federal vs. State
Regardless of the jurisdiction, our top priority at Spodek Law Group is to get your case dismissed or greatly reduced. Below, we’ll walk you through potential defense scenarios.
Scenario 1: Federal Drug Conspiracy
You receive a target letter from the U.S. Attorney’s Office, alleging you conspired to distribute controlled substances. They have wiretaps, informants, and bank records. Our defense team might check whether the government violated your Fourth Amendment rights (Mapp v. Ohio, 367 U.S. 643). We’ll see if the wiretap was authorized properly or if the government agents exceeded the warrant’s scope. If they failed to meet the standards under Title III of the Omnibus Crime Control and Safe Streets Act, that’s grounds for suppression.
In some cases, we might argue the government can’t prove an actual “agreement” to commit the crime—a conspiracy means there was a plan between two or more people. Even if you were involved in certain transactions, we can challenge whether you had specific intent to join a criminal enterprise. If that works, we push to get the charges dropped. If the evidence is stacked, we might negotiate a favorable plea by highlighting reasons why you deserve less punishment, such as a minor role, lack of prior offenses, or cooperation leading to a reduced sentencing guideline range.
Scenario 2: State Assault Charges
Suppose the local DA in Brooklyn charges you with assault after a fight in a nightclub. The police say you’re the aggressor. Our job is to look at witness statements, see if there’s video that shows you’re innocent, and consider any self-defense claims. Under New York Penal Law § 35.15, you can lawfully defend yourself or others against the imminent use of unlawful force. We’ll speak to eyewitnesses, check your personal history, and find out if the other party started things. If the cops mishandled evidence, we’ll move to suppress or dismiss under the appropriate procedural rules.
If self-defense is strong, we’ll present it from day one to the prosecution. We might also consider lesser-included offenses, like a reduction to misdemeanor assault if the injuries weren’t severe. Our goal is a full dismissal, but if that’s not possible, we aim for no jail time or minimal penalties.
Scenario 3: White Collar Crimes Overlapping Federal and State
White collar accusations often trigger both state and federal involvement—especially if they involve alleged fraud, false statements, or lies about money to banks operating across state lines. In that situation, we might battle two sets of charges. We’ll check for being tried twice for the same crime if the charges overlap, but each government can still proceed if they’re charging different criminal elements.
Key legal references can include 18 U.S.C. § 1343 (wire fraud) at the federal level, and New York Penal Law § 155.42 (grand larceny) at the state level. A strong defense might argue there was no criminal intent (like it was a civil dispute or business issue). We’ll gather emails, texts, phone records, and witness statements that show good faith on your part. If the government used an informant, we’ll see if entrapment or misconduct occurred.
Scenario 4: Reducing Your Risk Through Plea Bargains
Sometimes, the best move is going for a plea that avoids a long sentence. If it’s a multi-defendant case or if the prosecutor’s case is strong, we can negotiate on your behalf to lower the charges and sentencing range. We’ll look to see if you qualify for the federal “safety valve” in drug cases under 18 U.S.C. § 3553(f), or if the state’s sentencing guidelines have alternative programs.
We might also file a Brady v. Maryland, 373 U.S. 83 (1963) motion if we think the prosecution is withholding evidence that could help you. If the prosecutor’s case isn’t strong enough, it might lead them to offer a deal that avoids prison.
How We Can Help
Spodek Law Group, is a leading New York / Federal criminal defense law firm.
Todd Spodek – a prominent attorney, represented Anna Delvey, known as Anna Sorokin. Spodek Law Group is known for providing the best possible customer service. We have a top team of attorneys…
We encourage you to take this opportunity to ask the tough questions you have. We are available 24/7 to help you. Our goal is to provide you the best possible legal representation at all stages of your case. When you reach out to our criminal defense law firm, the process of working with us begins with a risk-free consultation.
If the Feds Are Investigating You
If you’ve been approached by a federal agent or received a target letter, we suggest getting legal help right away. Federal agents often build their case methodically. If you have received a target letter, or federal authorities have come to your doorstep alleging you broke the law, you should hire an experienced New York criminal lawyer – ASAP. We’ll step in, handle communications, review any discovery, and see if there’s a way to stop an indictment from being filed. If an indictment is unavoidable, we’ll build a defense strategy aimed at getting the case dismissed, or significantly reduced.
If You’re Arrested on State Charges
Whether it’s NYC, Brooklyn, Queens, Staten Island, or upstate, state prosecutions can move fast—arrests, bail hearings, and pre-trial motions can happen one right after the other.
Our only objective is to get the case against you dismissed, or significantly diminished. Whether you go pro-bono or private, that’s up to you. Our Spodek Law Group criminal attorneys have experience handling cases similar to yours, and can help you understand how to move forward.
Legal Citations that Matter
- Mapp v. Ohio, 367 U.S. 643 (1961) – Protects you from unconstitutional searches.
- Brady v. Maryland, 373 U.S. 83 (1963) – Requires the government to share evidence that can help you.
- Blockburger v. United States, 284 U.S. 299 (1932) – Explains the dual-sovereignty idea.
- 21 U.S.C. § 841 – Federal drug laws with mandatory minimums.
- 18 U.S.C. § 922(g) – Felon in possession of a firearm, often linked to federal charges.
Final Thoughts: Protect Your Future
Whether you’re facing a state-level assault charge or a large federal conspiracy, the threat of prison—federal or state—is real. Our criminal defense lawyers can guide you through every step, from contesting evidence, to negotiating plea deals, to fighting at trial if necessary. During this consultation, you can ask us anything, regardless of how long it takes.
Our team consists of some of the top rated lawyers in the USA. Regardless of the situation you find yourself in, know that our criminal defense attorneys can help you.
We have offices throughout Long Island and NYC. We are available 24/7, to provide a risk free consultation.