Federal Violent Crimes Defense Lawyer
Respected Federal Criminal Defense Law Firm
At Eisner Gorin LLP, we have a successful track record of defending clients who are facing federal criminal charges, including a variety of violent crimes. If you have been arrested for serious criminal charges that involve violence, you are facing severe legal consequences and should hire legal representation immediately.
Violent crimes are harshly punished on a federal level. If you have been arrested for committing a violent crime, you may be facing a prison term of 25 years to life or the death penalty, depending upon the individual circumstances of your case. A conviction of any of the following crimes will result in extremely serious penalties. To give or readers a better understanding of the various federal violent crimes, our federal criminal defense attorneys are providing an overview below,
Federal Assault or Battery
Assault is defined as any conduct that would cause someone to reasonably believe they are in danger of either immediate harm or unwanted contact.
In the federal context 18 U.S.C. Section 111 states that an assault may be charged against anyone who forcibly assaults or intimidates any employee of the United States, or anyone who formerly served as an officer while engaging in the performance of their duties of service.
Furthermore, any individual who used a deadly weapon in the commission of the assault may face enhanced criminal charges and/or sentencing. It is also important to note that 18 U.S.C. Section 117 brings domestic assault by a habitual offender within the confines of federal jurisdiction.
Battery is defined as any such offensive touching of another individual with the intent to cause harm. The touching does not have to result in actual physical harm or pain to the other person so long as it was unwanted. Under federal law the crime of battery becomes an issue of federal concern when interstate travel is involved like in the case of interstate domestic violence (18 U.S.C. Section 2261) or a public official is involved. Furthermore, any individual who used a deadly weapon in the commission of the battery may face enhanced criminal charges and/or sentencing.
There are many valid defenses to an assault or battery charge and it is imperative that you contact a criminal attorney immediately so that we may begin conducting an investigation into your case. Early intervention is the best way to ensure a successful defense by allowing the investigation of evidence and witnesses that may be favorable to your case.
Federal Child Abuse
Federal legislation provides a foundation for the States by identifying a minimum set of acts or behaviors that define child abuse and neglect. The Federal Child Abuse Prevention and Treatment Act (42 U.S.C.A. § 5106g), defines child abuse and neglect as any act, or failure to act by a parent or caretaker resulting in death, physical or emotional harm, sexual abuse, or failure to act to prevent imminent risk of serious harm. In this particular instance the definition of child abuse and neglect refers specifically to parents and other caregivers, and a “child” under this definition generally means a person who is under the age of 18 or who is not an emancipated minor.
While federal legislation provides guidelines and definitions for sexual abuse and the special cases related to withholding or failing to provide medically indicated treatment, it does not provide specific definitions for other types of maltreatment such as physical abuse, neglect, or emotional abuse. The definition of such standards is left up to the states.
Federal law is pretty clear, however, in the definition of sexual abuse of a minor. 18 U.S.C. Section 2243 provides punishment for the sexual abuse of a minor which includes anyone who knowingly engages in a sexual activity with anyone between 12 and 16 years old, or is at least four years younger. Even attempting to do so incurs the same punishment of large fines and or imprisonment for not more than 15 years. What’s more, 18 U.S.C. Section 2250 provides for punishment of those who fail to register once convicted of sex offender status.
However, in order to prosecute a case of child abuse in the first place the government must be able to prove that the defendant knew either the age of the other person engaging in the sexual act or knew that the requisite age difference existed between the persons engaging in the act.
Furthermore, 18 U.S.C. Section 2251 and 2251A provide criminal sanctions for those participating in the sexual exploitation of minors or the buying or selling of minors. The punishments of which are large fines and/or long terms of imprisonment with the option of sentencing enhancements considering prior convictions. There are not only punishments for those committing acts against children, but additionally 18 U.S.C. Section 2258 provides punishment for those acting in a professional capacity, as defined by the Victims of Child Abuse Act of 1990, who fail to report incidences of child abuse.
Federal Gang Crimes
Federal law defines a criminal street gang as any ongoing group or organization of five or more people where their primary purpose is to commit criminal offenses, and the members engaged within the last 5 five years to continue committing criminal offenses, and their unlawful activity impacts interstate.
18 U.S.C. Section 521 details the offenses that fall within gang crime. The offenses that qualify under federal gang crime include a federal felony dealing with controlled substances described in the Controlled Substances Act (21 U.S.C. 802), where the legal penalty is under 5 years in prison. It also includes a federal felony violent crime of using, or attempting to use, physical force against someone, and any conspiracy to commit the crime.
A person who is convicted under Section 521 of gang crimes will receive the punishment associated with that crime committed and may receive enhanced criminal punishment if the circumstances are met. If the crime was committed by someone who participates in a criminal street gang knowingly intends to promote the felony crimes of the gang, and has a conviction within the past 5 years for these crimes, the prison sentence can increase up to 10 years.
The federal criminal defense lawyers at Eisner Gorin LLP offers superior legal representation to juveniles and adults facing criminal charges in connection with gang activity in Los Angeles County or any U.S. District Court in California. We handle cases prosecuted at the state or federal level. A criminal record as a gang member will have a long lasting impact on your life. If you or a member in your family are facing gang-related charges, just call one of our lawyers for a confidential consultation.
Federal Hate Crimes
Federal hate crimes arouse a great amount of negative public attention. This means that, unfortunately for the accused, the negative publicity and media hype make it even more difficult to receive a fair and just trial.
What’s more, the violent nature of hate crimes, means that hate crimes carry severe consequences which may include imprisonment, fines, and loss of employment. A hate crime is different from many other types of crime in that it involves the victimization of an individual based on race, ethnicity, religion, gender, sexual orientation, or similar group affiliation/status. Hate crimes can take many forms but may include physical and/or verbal assault, vandalism, harassment, or murder. The penalties and punishments associated with hate crimes depend on a number of factors such as prior convictions, probation or parole status, media attention, and other circumstances but may include: imprisonment, fines, mandatory rehabilitation, and/or probation/parole.
The reason that hate crimes are different is because they are directed toward a group of people, rather than just the individual themselves. Hate crimes carry stigmas, and anyone facing accusations will suffer severe consequences that could include the loss of employment, large fines and imprisonment. You can be charged with hate crimes by a federal agency and receive prosecution in federal courts. The FBI has had success in obtaining convictions for hate crimes in California federal courts. This is why you need to retain a lawyer that will aggressively defend your rights even if you are facing prosecution by federal agencies. We are familiar with both the federal and state procedures concerning hate crimes. The punishments for convictions of federal hate crimes are severe.
18 U.S.C. Section 1201 provides harsh legal punishment for anyone person who unlawfully seizes or kidnaps someone and detains them for ransom. The crime of kidnapping becomes a federal offense after someone is kidnapped and transported in interstate commerce, or the suspect travels in commerce, or the person who was kidnapped is a public official or a protected individual. Federal kidnapping criminal charges are considered a serious violent crime offense in the state of California and can be investigated under the jurisdiction of both state and federal authorities, who often work together in resolving these cases.
Anyone who is convicted of kidnapping can be punished up to life in a federal prison, but if the kidnapped person dies, the suspect could receive life in prison or the death penalty. If the defendant is convicted of attempted kidnapping, they could be sentenced to up to 20 years in a federal prison. Additionally, 18 U.S.C. Section 1202 provides punishment to any person who requests or receives ransom money that is connected with kidnapping.
Kidnapping criminal charges are often complex, with many circumstances to be reviewed, so you will need to speak with one of our attorneys to find out how we can help you. We handle kidnapping cases in all U.S. District Courts in Los Angeles or anywhere in the state of California.
Federal Manslaughter Charges
The vast majority of manslaughter cases are charged and tried in state court. However, when manslaughter occurs on federal property resulting in the death of a federal official, or it involves federal proceedings or interstate felonies, the government might pursue federal manslaughter charges. The federal criminal code doesn’t distinguish between voluntary and involuntary manslaughter, but either charge is a serious matter. If you are under federal investigation, then you will clearly need to consult with our federal criminal defense lawyers.
Federal law defines manslaughter as the unlawful killing of a human being without malice. There are two kinds of manslaughter: voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter occurs upon a sudden quarrel or in the heat of passion. Involuntary manslaughter occurs in the commission of an unlawful act, or in unlawful manner, or without due caution of a lawful act which could produce death.
18 U.S.C. Section 1112 sets punishment for anyone who has been convicted of voluntary manslaughter as fines and/or up to 15 years in prison. For those convicted of involuntary manslaughter, they could also face fines and up to 8 years in prison. Additionally, 18 U.S.C. Section 1113 provides for punishment for anyone who even attempts to commit manslaughter. This could result in large fines and up to 7 years in a federal prison. Because of the severity of these charges, either at state or federal level, obtaining the legal services of a competent federal criminal lawyer is crucial to the outcome of your case. Defending this type of violent crime case is a serious issue.
Federal Murder and Homicide Charges
Federal law defines murder as the unlawful killing of a human being with malice aforethought. There are two degrees of murder: murder in the first degree and murder in the second degree. 18 U.S.C. Section 1111 states that murder in the first degree includes every murder perpetrated by lying in wait or any willful, deliberate, and premeditated killing; or the killing was committed while preparing, or attempting to prepare an arson, escape, murder, kidnapping, or aggravated sexual abuse, child abuse, burglary, or robbery.
It also includes a killing that was done as part of a pattern or practice of serious assault or torture of children, or it was done from a unlawful premeditated design to kill anyone other than the defendant. All other murder is characterized as murder in the second degree. The punishment for murder in the first degree is the death penalty or imprisonment for life. The punishment for murder in the second degree is life in prison or any term of years determined appropriate.
Additionally, 18 U.S.C. Section 1113 provides for punishment for anyone who even attempts to commit murder, carrying a punishment of large fines and/or imprisonment of up to twenty years. Local police or federal agents will conduct an intensive and thorough investigation following a murder. Therefore, if you are eventually charged with homicide, you need to speak with a criminal defense lawyer. We have the resources and experience necessary to provide you with superior legal defense. It takes a committed legal team to aggressively fight a murder charge, and if you retain our firm, you can feel confident that we will provide the highest quality defense possible. We conduct our own thorough investigation of the details of your case and study all evidence against you in order to present a strong legal defense.
Federal Terrorist or Violent Threats
18 U.S.C. Section 2133 defines international terrorism as activity involving violent or dangerous acts that would be considered a criminal violation of United States laws and they look like they are specifically intended to intimidate citizens, or an attempt to influence the government policy using intimidation or coercion, or to impact government conduct using mass mass destruction.
The only thing differentiating international terrorism and domestic terrorism is that international terrorism generally takes place outside the boundaries of the United States. Even the mere threat to commit such an offense can carry with it penalties of up to ten years in prison. Depending on the characterization of the terrorist act committed (murder, involuntary manslaughter, voluntary manslaughter, etc.), the punishment for this violent crime can vary from large fines and/or extended periods of imprisonment to the death penalty or imprisonment for life. Furthermore, 18 U.S.C. Section 2239 also makes it a federal crime to harbor or conceal a known or suspected terrorist.
The threat may can made in writing, electronically, by telephone or in person. It can be made against an individual, a group of people, or a public building or work place. Federal statutes states that those convicted of them can be made to pay a fine of $250,000 and spend five years in a federal prison. The common legal definition of terrorist threats include:
- An Individual who threatens to commit a crime that will result in death or harm.
- The threat was made with the intent that it be perceived as a threat.
- The threat is so specific that it has immediate prospect of execution.
- The threat actually caused fear to the victim.
- The fear that was caused by the threat was reasonable.
Criminal acts that involve the threat of violence in the commission of the act are labeled as violent crimes. The threat of violence may or may not include the use of a weapon. However, if a weapon is used the offense will most often carry with it enhanced punishment. A person may be charged with a violent threat in connection to any of the following crimes, among others: robbery, armed robbery, assault, battery, murder, manslaughter, gang crimes, kidnapping, domestic violence, hate crimes, sexual assault, and terrorist threats. Under federal law the punishments for a violent threat are varied and may include: imprisonment, large fines, probation, and/or parole. Furthermore, the charges and sentencing may be enhanced if the defendant used a weapon in the commission of the threat or has a prior conviction on his or her record.
If you are under federal investigation for making violent or terrorist threats in Los Angeles or anywhere in the state of California, you will need a lawyer who has prior experience dealing with these type of criminal cases so they will be able to aggressively represent your interests.
Retain a Federal Criminal Defense Lawyer
If you have been charged with a federal violent crime, you may have to pay expensive monetary fines, seek anger management classes, and serve a term in jail or prison. In certain cases, a violent crime conviction may result in the death penalty.
Due to the serious legal repercussions, it is imperative that you hire an accomplished and aggressive criminal lawyer at to represent your case. You have a lot at risk, and should not attempt to represent yourself when your freedom and future are in jeopardy.
Were you arrested and charged with a federal violent crime? Contact us now!