What Makes a Crime Federal?
A crime becomes federal when it violates United States federal law, rather than state law or local law. Most often, federal charges are brought when an (alleged) offense crosses state lines, involves federal property, or is explicitly outlined in a federal criminal statute, such as drug trafficking or tax evasion. At the Law Office of Jonathan M. Harvey, we defend federal cases. Here, our Columbia criminal defense lawyer explains what exactly makes a criminal charge federal in South Carolina.
Federal Prosecutors Must Have Jurisdiction Over the Crime
Most criminal charges are handled at the state level. If you are arrested in Columbia, you will generally be prosecuted under South Carolina law. However, a crime could be a federal case if the federal government has jurisdiction over the case. As explained by the Legal Information Institute, jurisdiction is the legal authority to adjudicate a case.
Unlike state prosecutors, who enforce laws specific to their state, federal prosecutors enforce laws passed by the United States Congress that are codified in the U.S. Code. Federal jurisdiction generally exists when a crime crosses state lines, involves federal property, involves federal personnel, or otherwise violates a specific federal statute.
Common Reasons a Criminal Charge is a Federal Offense
Why exactly might you be charged with a federal crime for an (alleged) offense that happened in South Carolina? Here is an overview of some of the most common reasons:
- Interstate Activity: Crimes that involve conduct crossing state borders, such as transporting illegal drugs, typically trigger federal jurisdiction. Indeed, this is the most common reason why federal criminal charges are brought.
- Mail Fraud and Wire Fraud: If a criminal scheme involves the postal service or interstate electronic communications (email, phone, wire transfers), it can qualify as mail or wire fraud—both federal crimes. Notably, you could be hit with a federal mail fraud offense or federal wire fraud offense even if you never actually physically leave the state.
- Federal Property or Personnel Involved: Crimes committed on federal property, like military bases, federal buildings, or national parks, or offenses against federal employees are prosecuted under federal law.
- Financial Crimes (Federal Systems): Fraud involving banks insured by the FDIC, securities fraud, tax evasion, and counterfeiting U.S. currency are all federal offenses because they involve the national economy or financial system.
- Immigration Violation: Immigration is, for the most part, a federal matter. Unlawful entry, visa fraud, or other immigration-related offenses are governed by federal immigration laws and prosecuted in federal courts.
- Organized Crime and Racketeering: Finally, crimes under the Racketeer Influenced and Corrupt Organizations (RICO) Act—including money laundering and criminal conspiracies—are often handled in federal court.
Contact Our South Carolina Federal Criminal Defense Lawyer Today
At the Law Office of Jonathan M. Harvey, our South Carolina criminal defense attorney is a justice-first advocate for clients. If you or your loved one is facing a federal criminal charge, we are here to help. Contact us right away for a completely confidential consultation. From our Columbia office, we defend federal and state criminal charges throughout the region in South Carolina.