Federal charges
Federal charges: what they mean and what comes next
Criminal Center handles federal cases nationwide, and only federal cases.
Each guide below explains one kind of federal charge in plain English: what the law makes illegal, the penalties, how the Sentencing Guidelines work for that charge, how these cases usually move, the defense issues that often come up, and what can happen after a conviction. Every legal statement cites the statute, guideline or court decision it comes from.
Fraud and financial crimes
Cases where the government says someone lied or moved money to get or hide money or property.
- Wire fraud and mail fraudUsing email, phone, the internet, the mail or a delivery company as part of a plan to cheat someone out of money or property. Up to 20 years per count.
- Health care fraud and kickbacksBilling fraud against Medicare, Medicaid or private insurers, and paying or taking kickbacks for referrals. Up to 10 years, with exclusion from federal health programs.
- Identity theft and aggravated identity theftUsing another person's name, Social Security number or other identifying information without permission. Aggravated identity theft adds a mandatory 2 years.
- Money launderingMoving, hiding or spending money that came from certain crimes. Up to 20 years under § 1956 and 10 years under § 1957, plus forfeiture.
- Bank fraud and mortgage fraudLying to get money from a bank or mortgage lender, or lying on a loan application. Up to 30 years and a $1,000,000 fine per count.
- Embezzlement and theftTaking money or property you were trusted with, or that belongs to the government, a bank, a benefit plan or a federally funded program. Up to 5, 10 or 30 years.
Drug and gun charges
Cases where drug amounts and gun laws can set mandatory minimum sentences.
- Drug trafficking and drug conspiracySelling, making or planning to sell drugs, or agreeing with others to do it. Drug type and amount can trigger 5- or 10-year mandatory minimums.
- Federal gun chargesHaving a gun while barred from it (§ 922(g)), a gun tied to a drug or violent crime (§ 924(c)), and the 15-year ACCA minimum.
- Firearms trafficking and straw purchasesBuying a gun for someone else who can't have one, moving guns to people who will misuse them, lying on Form 4473, or dealing guns without a license. Up to 15 or 25 years.
Sex offenses
Child pornography, enticement, travel and registration cases, with long minimums and registration.
- Federal sex offensesChild pornography (possession, receipt, distribution and production), online enticement of a minor, travel or transport for illicit sexual conduct, and failure to register.
- Federal sexual abuseSexual abuse charged under 18 U.S.C. §§ 2241–2244, which apply in Indian country, on federal land and in federal prisons. Penalties reach life.
Assault and threats
Assaults on federal officers or on federal land, and threats sent by phone, internet or mail.
- Assault on a federal officer and other federal assaultsAssaulting, resisting or impeding a federal officer (§ 111), and assaults on federal land, in federal prisons or in Indian country (§ 113). Up to 20 years.
- Federal threat chargesThreats to injure or kidnap sent by internet, phone or mail, and threats against federal officials, judges or the President. Usually up to 5 or 10 years.
Supervised release violations
What happens when the probation office says someone broke a condition of supervised release.
Immigration crimes
Coming back after removal, helping others enter or stay, illegal entry, and immigration document fraud.
- Illegal reentryComing back to, or being found in, the United States after a removal or deportation order. Up to 2, 10 or 20 years, depending on the prior record.
- Smuggling, harboring and other immigration crimesBringing in, driving, hiding or encouraging people who are here unlawfully (§ 1324), illegal entry and marriage fraud (§ 1325), and fake immigration papers (§ 1546).
Robbery and violent crimes
Cases where force, threats or a weapon can bring long sentences and added gun charges.
Where else to start
- Find a charge by statute — look up a law by U.S. Code title and section.
- Facing federal charges? What to do now — the deadlines and first steps that matter.
- Federal sentencing: what to expect — how the hearing works and how to prepare.
- Find your federal court — which district court covers a city or state.
Common questions
What makes a crime federal instead of state?
A crime is federal when it breaks a law passed by Congress, such as a law that reaches use of the mail or internet, interstate commerce, federal programs like Medicare, or federal property. Federal crimes are prosecuted by the U.S. Department of Justice in federal district court. The same conduct can sometimes be charged by both a state and the federal government (Gamble v. United States, 2019).
What is a mandatory minimum sentence?
It is the lowest prison term a judge can give for a crime, set by Congress. Examples include 5 or 10 years for some drug amounts (21 U.S.C. § 841(b)(1)) and at least 5 years for a gun used in a drug or violent crime (18 U.S.C. § 924(c)). A judge can go below some minimums only in narrow cases, such as the drug safety valve (18 U.S.C. § 3553(f)) or a government motion for substantial assistance (18 U.S.C. § 3553(e)).
Do the Sentencing Guidelines decide the sentence?
No. The judge must calculate the guideline range correctly and consider it, but the guidelines are advisory. The judge decides the sentence after weighing the factors in 18 U.S.C. § 3553(a), within any statutory minimum and maximum.
Federal only
What should I do next?
Book a consultation with Criminal Center and tell us what happened. We'll listen, tell you whether we can help, and explain what comes next.
Contact does not create an attorney-client relationship. Unsolicited information may not be confidential.