There are significant differences between being tried in a state court versus a federal court. One of the primary differences involves the potential penalties upon conviction. If you’re facing federal charges, you can expect the penalties to be far more severe than they would be for a state-level case. For defendants facing federal drug charges, it’s crucial to select a criminal defense lawyer who has previously represented clients in federal court.
Arrest by a Federal Officer
One reason why your case might be prosecuted in federal court is if you were arrested by a federal officer. This can occur if you were arrested as part of an investigation by the Drug Enforcement Administration (DEA). However, federal drug arrests do not always involve lengthy investigations. You could be arrested for possessing a very small amount of an illegal substance on national park property, for example.
Arrest as the Result of an Informant
It’s not uncommon for a criminal defense attorney to try to arrange a sentence reduction for a client on the basis of providing substantial assistance to an investigation. If you were arrested on the basis of assistance provided by a federal informant, then your case is automatically transferred to federal court.
Decisions Made by State and Federal Prosecutors
Sometimes, the decision whether to prosecute a defendant in state or federal court is less cut-and-dry. It may simply be the result of an agreement made between state and federal prosecutors. State or local law enforcement officers might make a drug arrest in cooperation with federal investigators, for example.
Drug Offenses Across State Lines
Criminal activity perpetrated across state lines can be tried in federal court. Most federal drug cases involve charges of drug trafficking. The severity of the penalties upon conviction depends on the specific type and amount of drug involved in the case.
At 214 Release: Puente & Hindieh Law, our criminal defense lawyers focus exclusively on criminal law cases – including drug offenses prosecuted in federal court. To arrange for unparalleled legal representation, call our law firm at (214) 613-2186. Our criminal defense attorney in Dallas, TX provides aggressive legal advocacy services to protect the rights and freedom of defendants.
The classification of offenses under criminal law is significant because it influences the specific type of charge and the potential penalties that may be imposed in the event that the defendant is convicted. Unsurprisingly, violent crimes can lead to very severe penalties, including lengthy prison terms. If you’ve been accused of any type of violent crime, you need to get in touch with a criminal defense lawyer as soon as possible. A criminal defense attorney will safeguard your legal rights and help you obtain the best possible outcome for your case.
Domestic violence is one example of a common violent crime. Texas criminal law provides for three different charges when an act of violence is allegedly perpetrated upon a current or former household member. The first charge, domestic assault, applies when a defendant is accused of intentionally or recklessly inflicting bodily injury, threatening bodily injury, or causing offensive physical contact. If the defendant allegedly uses or exhibits a weapon during the incident, he or she may be charged with aggravated domestic assault. The third charge is continuous violence against the family, which involves allegedly committing two domestic assaults within 12 months, regardless of whether the previous incidents resulted in arrest or conviction.
Manslaughter, which is a second-degree felony under Texas criminal law, is defined as recklessly causing the death of another person. This is not the same as intentionally causing the death of another person, which is the legal definition of homicide. For example, a defendant may be charged with vehicular manslaughter if he or she allegedly drove while intoxicated and caused an accident that claimed a life.
The Law Offices of Mark F. Fernandez offers effective legal advocacy services for individuals accused of misdemeanor and felony charges, including charges involving violent crimes. Manslaughter, homicide, and family violence are just a few of the types of cases that our criminal defense lawyer serving Dallas, TX handles. If you or a loved one is facing charges of violent crimes , contact us today at (214) 613-2186.
Under criminal law, violent crimes can lead to very harsh prison sentences and other penalties. When a person is charged with a violent crime, he or she should immediately contact a criminal defense attorney. Although criminal law varies from state to state, violent felonies are generally those that involve physical force or the threat of physical force.
You can hear about some common types of violent felonies by watching this brief video. As you might expect, murder, rape, aggravated sexual abuse, and aggravated assault are violent felonies. However, violations of restraining orders may also be charged as a violent crime.
If you or a loved one is facing charges of violent crimes, you need to contact a criminal defense lawyer serving Dallas, TX, immediately. Call (214) 613-2186 to reach The Law Offices of Mark F. Fernandez and claim your free initial consultation with our experienced criminal law team.
Many offenses are illegal under both state and federal criminal law. It can often be confusing for defendants to figure out why they are facing federal charges instead of state charges. In cases in which the state and federal government has concurrent power over an offense, the decision to try the case in either court is made on a case-by-case basis. In some cases, the federal government has sole jurisdiction. Some examples include crimes committed on federal property and offenses committed across state lines. Since federal cases proceed differently and can result in much harsher penalties than state cases, defendants should seek the counsel of a criminal defense attorney with relevant experience.
White Collar Crimes
One common example of a federal crime is a white collar crime. White collar crimes are generally non-violent offenses. They are characterized as offenses committed for the purpose of financial gain. White collar crimes are perpetrated through acts of deception. There are many different types of white collar crimes, including embezzlement, which refers to the misappropriation of funds entrusted to an employee by an employer. Other examples include antitrust violations, insider trading, tax evasion, fraud, and public corruption.
There are strict state and federal laws regarding the possession and carrying of firearms. Federal firearms charges often arise when a defendant is accused of possessing a firearm despite being a convicted felon or a suspected illegal immigrant.
Many drug offenses are prosecuted at the state level. However, when a defendant is accused of drug activity with a significant amount of drugs, the case generally becomes a federal crime. Federal drug charges include possession, distribution, sale, manufacturing, and trafficking of controlled substances.
For individuals who are facing federal charges, it’s essential to arrange for legal representation from a lawyer who has experience defending clients in federal court. Call The Law Offices of Mark F. Fernandez at (214) 613-2186 and let our experienced criminal defense lawyer go to work building a federal defense in Dallas, TX, on your behalf. Our legal team will fight to uphold your rights and keep you out of federal prison.
Criminal law sorts criminal offenses into different classifications. The least severe type of offense is a violation, such as a traffic violation. Misdemeanors are much more serious than violations and felonies are treated more harshly than misdemeanors. Both misdemeanors and felonies have the potential for significant consequences. If you’re facing either type of charge, contact a criminal defense lawyer as soon as possible.
Types of Criminal Offenses
Under Texas criminal law, misdemeanors are organized into class A, B, and C offenses. Class A misdemeanors are considered the most serious type. An example of a class A misdemeanor is carrying a gun without a permit. Class B misdemeanors are slightly less serious than class A and an example is possession of up to two ounces of marijuana. Class C misdemeanors are the least serious and one example is stealing property valued at less than $50. Similarly, there are different classifications of felonies . First-degree felonies, which are the most serious, include violent crimes such as aggravated sexual assault and attempted capital murder. Second-degree felonies include aggravated assault, bigamy, robbery, and manslaughter. Some examples of third-degree felonies are aggravated perjury, intoxication assault, and tampering with evidence. Texas law also provides for state jail felonies, which include evading arrest in a vehicle, interference with child custody, and cruelty to animals.
Severity of Legal Penalties
The more serious the crime, the more severe the legal penalties can be upon conviction. Generally, misdemeanors are punishable by no more than one year in local or state jail. However, under Texas law, there is no jail time for a class C misdemeanor, only a fine. Fines are also applicable to other misdemeanors and felonies. Felonies are punishable by more than one year behind bars in state or federal prison.
At The Law Offices of Mark F. Fernandez, our criminal defense attorney is highly knowledgeable and experienced with all aspects of criminal law near Dallas, TX. Mr. Fernandez defends clients from drug charges, violent crimes charges, alcohol violations, protective order violations, and all other misdemeanor and felony charges. To schedule your free initial consultation with Mr. Fernandez, call our law firm at (214) 613-2186.