Federal Violent Crimes
Violent crimes can be prosecuted on both state and federal levels. Where they are prosecuted depends on various factors, primarily where they were committed. In Oklahoma, the 2020 Supreme Court decision in McGirt v Oklahoma made it so all felonies committed by or against tribal members on tribal land are handled federally. This means that all crimes listed under the Major Crimes Act are now federal crimes.
Other violent crimes that are considered federal even without McGirt are mass killings, serial killings, sniper killings and gang violence. Violent crimes committed on federal property are also federal. Kidnapping, assaulting, or killing a federal officer is a federal felony, as well.
The definition of a violent crime is an offense that contains the use, attempted use, or threatened use of physical force against a person or property. It is also any felony that involves a substantial risk that physical force may be used against a person or property while committing the offense.
If you’ve been charged with a violent crime in federal court, you need a federal defense attorney to fight on your side. There are considerable consequences for violent crimes, particularly on a federal level. Your best bet at getting your desired outcome is to retain skilled legal counsel. Ted Hasse is an experienced federal defense attorney who will work hard to preserve your rights.
Violent Crime Examples
Under the Major Crimes Act, the following offenses are considered felonies in Indian Country. Murder, manslaughter, kidnapping, maiming, sexual abuse, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury, assault on a person under 16 years old, felony child abuse or neglect, arson, burglary, robbery, and theft.
Many violent crimes involve the use of a weapon, often a gun. Possessing, wielding, and discharging a gun while committing any crime can add to the sentence if convicted. There are minimum sentences for federal gun crimes that can be stacked with any sentence, including other minimums, for other crimes.
Whether or not the crime you’re being charged with involved a gun, you should seek legal representation from a federal defense attorney. Ted Hasse understands federal violent crime charges. He knows how to work with minimum sentences. He can help you understand your options.
Violent Crime Sentencing
The worst punishment you can receive for a violent crime conviction is the death sentence. However, this isn’t very common. It’s much more likely that the worst you’ll receive is life in prison. While some crimes can get you life in prison on your first conviction, others require a second conviction. An example of this is any sex crime against a child.
Violent crimes against minors are punished especially severely. Murdering, kidnapping, maiming, and assaulting a minor can all get you life in prison. The minimum sentence for murder is 30 years. For kidnapping and maiming, it’s 25 years. It’s 10 years for assault.
Felonies are divided up into categories called classes. Class A felonies are considered the worst and are punished accordingly. Some examples are murder, rape, kidnapping, arson, and burglary. The max sentence for Class A felonies is the death penalty or life in prison.
Class B felonies are considered less serious than Class A, but they still carry heavy sentences. They include sexual assault, manslaughter, and assault. The maximum sentence for these is 25 years in prison.
Class C felonies can get you more than 10 years in prison but less than 25. Class D felonies are punishable by more than five years but less than 10. Class E felonies have a minimum of one year and a maximum of five. All classes of felonies have a maximum fine of $250,000.
If you’re facing federal violent crime charges, it’s important that you know what class of felony the crime falls under. This will help you understand what you’re up against. Federal defense attorney Ted Hasse can help you determine what class of felony you’re being charged with. Then he can explore your options with you.
Free Consultation with a Federal Defense Attorney
Federal violent crime charges must be taken seriously. Without the legal counsel of a federal defense attorney, you risk spending life behind bars. Hefty fees go as high as a quarter of a million dollars. With this much at stake, you can’t afford to cut corners. You need the best in the business. Ted Hasse is an experienced and knowledgeable attorney who will be by your side every step of the way. You deserve someone who understands what you’re going through and how to handle it. For a free consultation, call Ted Hasse at (918) 932-2744.