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When Is a Crime Considered a Federal Crime or Offense?

September 10th, 2024

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A crime is a “Federal Offense” when a criminal charge is filed in the federal court and/or when an indictment is issued by a federal grand jury, based on alleged conduct that is a violation of a federal criminal statute/law.

Many criminal activities are governed by both state and federal laws, for example an individual who is alleged to have trafficked cocaine may be charged with a state criminal offense but could also face federal criminal charges for the exact same activity. Federal law enforcement agencies, like the DEA or the FBI, investigate these crimes and may arrest an individual for federal criminal charges. Generally, however, federal prosecutors will only become involved with relatively serious matters. Our team of federal criminal defense lawyers at FitzGerald Law Company can represent anyone facing federal criminal charges in Massachusetts, as well as several other federal courts.

Elements to Crime

All federal criminal statutes / laws identify specific elements that federal prosecutors must prove with evidence beyond a reasonable doubt. For example, to prove bank fraud under 18 U.S.C. § 1344, the government must prove the following elements (1) that the defendant knowingly engaged in a scheme (2) to defraud or obtain money (3) from a federally insured financial institution (4) by means of materially false statements or misrepresentations. See United States v. Munoz-Franco, 487 F.3d 25, 41 (1st Cir. 2007) citing United States v. Kenrick, 221 F.3d 19, 30 (1st Cir. 2000). In order to obtain a conviction the government must present evidence to prove all 4 elements.

If any element is not proven regardless of how small that element may appear, the defendant cannot be convicted. It is important to work with a federal criminal defense attorney who is familiar with the precise elements of the alleged crime to ensure that the government meets its burden and that you receive the best defense.

Crimes Against the Government

Some crimes that are specifically against the federal government and generally will not go to state court, for instance, Immigration Fraud, which involves the presentation of false documents or statements to Immigration Officials (USCIS, ICE, CBP), will be prosecuted in the federal court. Many of the “White Collar” crimes, particularly those that involve financial institutions or transactions, are prosecuted by the U.S. Attorneys in the federal court.

Consequences of a Criminal Conviction in Federal Court

The consequences of a criminal conviction in federal court are usually severe and often result in a federal prison sentence. Apart from prison, there are many other consequences that a defendant who is convicted in federal court may face, like large financial fines, the loss of their right to vote, and even deportation, and this is why it is so important to hire the an experienced federal defense lawyer to zealously protect your rights.

Hiring a Lawyer to Represent Someone With Federal Charges

When you are facing federal crime charges, you will need the assistance and support of an experienced federal criminal defense attorney to be by your side. We understand the process that you will face and have a proven track record of success representing individuals who have been charged with federal crimes in Massachusetts and other federal courts.

Schedule a Consultation Today With an Experienced Criminal Defense Lawyer

At FitzGerald Law Company, we have years of experience successfully representing those charged with criminal charges in the federal court of Massachusetts. We will listen to the details of your case, answer your questions about the process and what you can expect and craft a strategy to obtain the best results for you case. To schedule a legal consultation today with one of our experienced Federal criminal defense lawyers in Boston, please call (617)303-2600. We serve Boston, Cambridge, Quincy, Malden, Somerville, Everett, Malden, Revere, East Boston, Jamaica Plain, Brookline, Waltham, Framingham, and all of the surrounding communities in Massachusetts.

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The information contained in this Web site is general in nature and subject to change at any point in time. As such, it may not necessarily apply to all situations. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process. By providing us your email address and phone number you authorize us to communicate with you using these methods, including text messages.

Client Reviews and Testimonials

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Will be recommending FLC to our friends!

We had a great experience with FitzGerald Law Company while applying for a permanent resident card. Attorney Desmond was knowledgeable and helpful throughout the confusing immigration process! Our legal assistant, Angie, was wonderful - very friendly, great communication and efficient. Will be recommending FLC to our friends!

Jayne Procopio

I will recommend them to my friends and family

Excellent lawyers they do a great job i will recommend them to my friends and family they are very helpful they are always there to answer all your questions and concerns.

Gerson Lemus

They were attentive and helpful

Zrinka and the team were fantastic, thoroughly the whole of the (very long) process they were attentive and helpful, and made the whole thing as smooth and painless as possible.

Laurence Wilson

I will forever be grateful for your service

I used Fitzgerald Law Company for my complicated case . I personally worked with Attorney Desmond and Mrs. Zrinka. I must say that Desmond is very professional and caring. He knows the system and pays attention to all the details. The entire team is very knowledgeable, respectful and reliable. Thank you Desmond and Mrs. Zrinka for tirelessly working with me to the end. Through your support and dedication, I was granted the privilege of a green card. I will forever be grateful for your service and I pray that the Almighty God will meet you at your point of need. I would highly recommend this firm to anybody that needs Immigration Services.

Margaret Muguku

Desmond and his staff and absolutely fantastic and easy to work with.

I would highly recommend Fitzgerald law company for all immigration needs. Desmond and his staff and absolutely fantastic and easy to work with.

Joe Ryan

I wouldn't hesitate to hire them if I needed to.

My husband and I are going through the US immigration process through consular processing in Canada. We hit an unexpected hitch in our process, and we were panicked and seeking out attorneys who could advise us what was happening with my husband's case. This firm took my emotional call and talked me through where we were in our process, what the likely outcome and timeline was based on their past cases supported, etc. and talked through all the details of our case. We talked for a good 15-20 minutes and they didn't charge me a dime. I felt so re-assured by the end of the conversation that our case will resolve soon. We haven't gotten the visa issued just yet, but we're remaining hopeful and will be contacting this company again as soon as anything goes astray. I really appreciated their care for a potential client, considering how emotional and scary the process can be. I wouldn't hesitate to hire them if I needed to. Thank you again for taking my call, and explaining so much of the process to us. It's clear you take care of your clients, and this review felt like the least I could do as a thank you. We'll be in touch if we end up needing your services!

Allison

They are excellent.

Serious, dedicated work and provide all necessary explanations to the customer, they are excellent.

Livia Liberato

Amazing people, excellent service. Extremely professional.

Amazing people, excellent service. Extremely professional. They helped me a lot and I will refer anyone who needs legal help to this law office!

Ray T.

I highly recommend this law firm

My entire family and I have been working with FitzGerald Law Company for many years. Desmond and his team have never given up on us! I got my green card in 2018 and my parents got theirs this year! We are so happy :) we are just waiting on my sister now, but we know she is in great hands! Thank you so much! You have changed our lives for the better <3. I highly recommend this law firm if you are having any immigration problems. My parents Etleva and Kastriot send their deepest gratitude!

Evjo Gjura

This is the best immigration law office in Great Boston area.

From experience, this is the best immigration law office in Great Boston area. Very satisfied with their work. No matter how difficult your case might be, if the team accepts working with you, you are in very good hands.

Gleni Kajdo

I really like that they speak so many languages and can help anyone!

FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

Swarsatie R.

They have been very supportive and professional

My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

Yoseph A.

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Natasha A.

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one’s situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Patricia M.

A very well organized firm, experienced and professional.

My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

Mike A.

They helped me with a personal injury case

Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

Garo M.

Experienced, professional, and caring

It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

Ahmed B.

Very professional and dedicated a lot of time to my case

Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

James K.

He explained things in a way that was easily understandable and things went smoothly

Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

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They made the process very smooth and pleasant

Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

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The team is wonderful, efficient and very helpful/ professional

The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

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They make the process as simple as possible

Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

Anonymous for Firm

They put in a lot of time into my case all the while keeping me informed of any and all developments

A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

Anonymous for Firm

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Anonymous for Firm

I was very happy working with them and will be happy to work with them again

The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

Anonymous for Firm

I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

Anonymous for Firm