Were you arrested on suspicion of violating federal law in Lexington? Our Lexington federal crimes lawyers have decades of combined experience representing clients in these challenging cases. Call Oakley & Oakely, LLC at (859) 254-4035 to schedule a free consultation.
It’s important to understand that federal criminal charges are subject to unique rules and procedures. In order to get the best result possible, you need a defense attorney in your corner who has experience navigating the federal criminal justice system. Give our law office in Lexington, KY a call today.
How Oakley & Oakley, LLC, Can Defend You Against Your Federal Charges
Hiring a Lexington criminal defense lawyer from Oakley & Oakley, LLC, is a smart way to protect your future when facing federal charges in Kentucky. Here is a small sampling of just some of the ways our team can assist you with your case:
- Protect your rights as a resident or citizen of the United States
- Look for evidence that may convince a judge to dismiss your case
- Offer you astute legal advice and guidance as needed
- Consult with relevant experts about the intricacies of your case
- Help you understand how the federal justice system functions
- Research and devise a customized defense strategy for your case
- File legal documents with the federal court on your behalf
- Answer any questions you may have as we work through your case
- Launch an independent investigation into your arrest
- Negotiate a plea bargain with the federal prosecutor
- Present evidence and argue on your behalf in federal court
Do you want to have a seasoned criminal defense attorney from Oakley & Oakley, LLC, help you fight back against your federal charges?
If so, give us a call today to set up a free consultation at our law office in Lexington, Kentucky.
Our legal team has years of experience in the industry, and we are more than ready to go to battle for you.
What is the Difference Between a State Crime and a Federal Crime?
Most arrests in the City of Lexington are for state crimes. In other words, they occur because law enforcement officers believe a person violated a rule or regulation outlined in the Kentucky Revised Statutes.
The Lexington Police Department and the Fayette County Sheriff’s Office handle the majority of the investigative work in state criminal cases. They then hand their findings to a state prosecutor, who tries the defendant in a county courthouse.
Federal criminal cases work a little differently. Agencies like the FBI, DEA, and ATF tend to carry out most of the investigative work in cases like this. Federal prosecutors then try the suspect in a United States District Court.
What makes an offense a federal crime, as opposed to a state crime? The first thing courts examine is whether the offense is a violation of the Code of Laws of the United States. However, judges can also consider:
- Whether or not the offense crossed state lines
- Whether a state or federal agency uncovered the crime, and
- Whether the offense involves a large organized crime syndicate
The attorneys at Oakley & Oakley, LLC, are well versed in just about every aspect of state and federal criminal law. If you want to have our team use this knowledge to defend you against your criminal charges, please reach out to us today. We are always available to help the people of Lexington.
What Are the Most Common Types of Federal Crimes in Lexington, Kentucky?
Federal agencies, like the FBI and ATF, can arrest Lexington residents for any violation of the Code of Laws of the United States. However, most of their arrests typically involve weapons crimes, drug crimes, sex crimes, and white-collar crimes.
Federal Weapons Crimes
The Second Amendment to the U.S. Constitution grants all Americans the right to bear arms. However, there are many statutes in the Code of Laws of the United States that regulate this right, such as:
- Possession of a Gun By a Prohibited Person – 18 U.S. Code § 922(g)
- Sale of a Gun to a Prohibited Person – 18 U.S. Code § 922(d)
- Prohibited Trade of Firearms – 18 U.S. Code § 922(a)(1)
- Possession of a Gun in a School Zone – 18 U.S. Code § 922(q)(2)(A)
Federal agencies like the FBI and ATF regularly arrest Lexington residents for violations of these statutes.
Federal Drug Crimes
Since the U.S. government launched the war on drugs in the 1970s, it has arrested a plethora of Lexington residents for violations of the Controlled Substances Act. This federal law makes it illegal for individuals to engage in activities like drug trafficking, production, and possession.
The penalties for federal drug crimes are typically more severe than those for comparable state offenses.
Federal Sex Crimes
It is not at all uncommon for the FBI and other federal agencies to arrest Lexington residents on suspicion of committing sex crimes like:
- Sexual Abuse – 18 U.S. Code § 2242
- Sexual Abuse of a Minor – 18 U.S. Code § 2243
- Abusive Sexual Contact – 18 U.S. Code § 2244
- Sexual Exploitation of Children – 18 U.S. Code § 2251
- Sex Trafficking – 18 U.S. Code § 2421-2424
Federal law mandates that people who commit these crimes must register as sexual offenders.
Federal White Collar Crimes
Each year, federal agencies arrest scores of Kentuckians for violating one or more of the following white collar crime statutes:
- Tax Evasion – 26 U.S. Code § 7201
- Bank Fraud – 18 U.S. Code § 1344
- Wire Fraud – 18 U.S. Code § 1343
- Insurance Fraud – 18 U.S. Code § 1033
- Health Care Fraud – 18 U.S. Code § 1347
People often believe that white-collar criminal offenses are not as serious as violent crimes. However, federal courts usually punish them severely.
Are you facing charges for bank fraud or sex trafficking in Lexington, KY? If so, please reach out to the skilled defense lawyers at Oakley & Oakley, LLC, as soon as you can. We may be able to use our detailed knowledge of federal law to help you get your charge dismissed or reduced.
What Are the Consequences of Federal Crime Convictions?
When federal courts convict Lexington residents of crimes like tax evasion or drug trafficking, they typically send them to prison. The amount of time a convict must spend behind bars depends on the severity of their crime.
- Class A Felonies: Life imprisonment or the death penalty
- Class B Felonies: At least 25 years in federal prison
- Class C Felonies: Between ten and 25 years in federal prison
- Class D Felonies: Between five and ten years in federal prison
- Class E Felonies: Between one and five years in federal prison
- Class A Misdemeanors: Between six months and one year in federal prison
- Class B Misdemeanors: Between 30 days and six months in federal prison
- Class C Misdemeanors: Between five and 30 days in federal prison
Of course, the negative consequences of federal crime convictions do not stop at prison time. Offenders also receive permanent criminal records. As a result, they may experience collateral consequences, such as:
- Loss of Gun Ownership Rights: Convicted felons do not have the right to buy, carry, or use firearms.
- Trouble Finding Housing: Landlords in Lexington typically prefer to avoid renting homes to convicted criminals.
- Difficulties Landing a Job: Many Kentucky businesses have policies that prevent managers from hiring felons.
- Loss of Professional Licensing: People with criminal records often have trouble renewing their professional licenses.
- Immigration Problems: The federal government regularly deports non-citizen felons after they finish their prison sentence.
At Oakley & Oakley, LLC, we know how devastating the consequences of federal convictions can be. That is why our lawyers in Lexington battle so tirelessly every day to try to help our clients avoid them. Contact us today if you would like to have a member of our law firm stand up for you.
Defenses Against Federal Charges
A short sampling of some of the most effective defenses against federal criminal charges would include:
Constitutional Rights Violations
Federal agencies must not violate a suspect’s constitutional rights during the investigative process. If a lawyer can prove that a violation happened, they may be able to get their client’s case dismissed.
It is, unfortunately, not at all uncommon for the FBI and DEA to arrest the wrong person during a sting or raid. When attorneys prove that their client is not the person the authorities meant to catch, they can usually get their charge dismissed quite quickly.
Lack of Evidence
To convict a person of a crime in the United States, prosecuting attorneys must prove their guilt beyond a reasonable doubt. If a defense lawyer can show that the prosecutor has not met their evidentiary burden, they might be able to convince the jury to acquit their client.
Federal crime is one of our law firm’s primary practice areas. As such, we know when to use all of these defense strategies. If you want to have us analyze your case and help you choose the right one for you, please give us a call as soon as possible.
Your Knowledgeable Lexington Federal Crimes Lawyer
If you need a Lexington federal crimes lawyer to defend you against drug or weapons charges, there is only one place you should turn to – Oakley & Oakley, LLC. Our team has been helping Lexington residents with cases of this nature for years – achieving many favorable verdicts along the way. If you would like to learn more about how we can assist you, all you have to do is give us a call or contact us online.