Federal Criminal Charges (in Oklahoma)
Oklahoma Federal Criminal Defense Attorneys
Wyatt Law Office is full of Oklahoma Federal Criminal Defense Attorneys. Federal criminal law and procedure differ from the state court systems. First, the U.S. Attorney (not the County District Attorney) prosecutes federal crimes. Second, there must be a federal interest or nexus for the alleged violation to be a federal crime. Third, these crimes are generally investigated by any of the federal law enforcement agencies such as the:
- Federal Bureau of Investigation — FBI
- Drug Enforcement Administration — DEA
- Secret Service
- IRS Criminal Investigation Division — IRS-CID
- Homeland Security
- Bureau of Alcohol Tobacco and Firearms — ATF
- Immigration Customs Enforcement — ICE
- U.S. Postal Inspector
- U.S. Marshal Service
- Transportation Security Administration — TSA
- Office of Inspector General — IG or OIG (for any number of federal agencies)
- Bureau of Prisons, and
- other federal law enforcement agencies.
If convicted, a defendant will be sentenced to custody of the U.S. Bureau of Prisons, not the state Department of Corrections.
Our Oklahoma federal criminal defense attorneys have the knowledge and experience necessary to navigate the federal court system in Oklahoma Lawyer of the Year. Best Lawyers in America honored Bob Wyatt in both 2013 and 2015 as Oklahoma City’s Criminal Defense: NON-WHITE COLLAR Lawyer of the Year and in 2014 as Criminal Defense: WHITE COLLAR lawyer of the year. Among other crimes, federal crimes may include white collar crimes, drug crimes, computer and Internet crimes, child pornography, cyber sex crimes, banking crimes, securities crimes, all types of frauds and swindles involving the mails or telephones or the Internet, gambling and gaming crimes, weapons crimes, immigration crimes, money laundering, and conspiracy to commit these or other federal crimes.
Federal Criminal Procedure
When Weapons Present
If weapons are used in the commission of a federal crime, the defendant will face significantly stiffer penalties, as there are specific crimes and punishments providing for occurrences such as “use of a weapon during commission of a drug crime.” Even if not charged with an enhanced crime, the use of a firearm during the commission of a crime generally causes an increase of 2 levels in the recommended sentencing guidelines range of punishment.
Those with prior convictions will also suffer greater penalties under federal law if convicted. Like “after formers” in state court, if a defendant has prior criminal history, that history will impact the sentencing guideline range. There are six criminal history categories (I-VI). The higher the criminal history (because of more prior convictions), the higher the recommended punishment range under the Sentencing Table for the U.S. Sentencing Guidelines.
Career & Armed Career Criminals
If a defendant has a specified number of convictions, he will be punished as a career criminal under the federal sentencing guidelines — automatically resulting in a Criminal History Category of VI. The higher the criminal history category, the greater the punishment range. Likewise, if firearms are present during the crime charged and the client has either two prior drug convictions or two prior convictions for crimes of violence or a combination thereof, the client will likely be classified as an Armed Career Criminal, making the range of punishment a mandatory minimum sentence of 15 years and up to life in prison. See Armed Career Criminal Act or ACCA, 18 U.S.C. § 924(e).
Sentencing Guideline Calculation
If convicted in federal court or if the client pleads guilty, he will be sentenced under the federal statute. Note, however, that the U.S. Sentencing Guidelines must be considered by the sentencing judge, as well as consideration of all relevant information, both favorable and unfavorable. The judge may order a sentence above or below the advisory sentencing guideline range. Your lawyer must understand the U.S. Sentencing Guidelines in order to represent you appropriately in federal court. Bob Wyatt practices routinely in federal court and even teaches the Guidelines to other Oklahoma federal criminal defense lawyers.
While there are many other federal crimes not listed, we have attempted to provide you additional information concerning federal crimes commonly filed in Oklahoma federal courts.
- General Criminal Law
- Aircraft and Airline Crimes (TSA investigations)
- Antitrust Crimes (federal & state)
- Asset Seizure & Forfeiture
- Appeals & Other Extraordinary Criminal Actions
- Bomb Threats & Terrorism
- Computer Crimes
- Cyber Sex Crimes
- Drugs & Narcotics (possession, manufacture, delivery, distribution)
- Fraud Crimes
- Gambling & Gaming Crimes
- Grand Jury Investigations (federal & state)
- Healthcare Fraud (Medicaid Fraud, Medicare Fraud, etc)
- Homicide & Violent Crimes (murder, manslaughter, robbery, kidnapping, stalking, assault & battery, shaken baby, etc.)
- Internet Crimes
- Mortgage Fraud & Predatory Lending
- Post Conviction Relief & Habeas Corpus
- Public Corruption & Bribery Crimes (Bid-rigging, Bribery & Government Corruption, Campaign Contribution Violations, Campaign Finance Violations, Extortion, Government Contract Fraud, Kickbacks, Procurement Fraud, Misuse of Public Authority, False Statements to Government Agencies, Federal Program & Contract Fraud, Mail Fraud & Wire Fraud, Money Laundering, Racketeering (“RICO”))
- Sex & Pornography Crimes (rape, child porn, indecent exposure, lewd molestation, traveling, enticement, sexual communications, etc)
- Tax Crimes
- Theft Crimes (embezzlement, fraud, larceny, burglary, robbery, etc.)
- Weapons & Firearms Violations
- White Collar Crime (mail and wire fraud, tax crimes, embezzlement, securities fraud, bribery, counterfeiting, computer crimes, forgery)
Federal Sex Crimes
Many of the same state sex crimes (such as rape, forced sodomy, child molestation, etc.) are also federal crimes if they occur on federal property or if they involve the use of the Internet, telephone communications or in some way affected interstate commerce (meaning that a photo or image or person crossed state or national borders). Sex crimes frequently charged in federal court typically involve child porn or sexual exploitation:
- Possession of Child Pornography is punishable by zero to 20 years for simple possession. For receipt of child pornography, the range of punishment is not less than 5 years nor more than 20 years. Soliciting or causing a child to participate or manufacturing carries 15 years to life. See 18 U.S.C. § 2252A.
- Sexual Exploitation of a Child involves possession or distribution of any material such as visual depictions in books, magazines, periodicals, films, and videotapes that involves sex acts or sexual exploitation of a child under age 18. Generally speaking, the range of punishment is the same for possession of child porn. See 18 U.S.C. § 2252.
- Solicitation of Child Porn. 18 U.S.C. § 2251 makes it a crime to post “any notice or advertisement seeking or offering to receive, exchange, buy, produce, display, distribute, or reproduce any visual depiction involving the use of a minor engaging in sexually explicit conduct. This statute also applies when such person knows that such notice or advertisement will be, or has been, transported in interstate or foreign commerce by any means, including by computer.”
- Production for Importation. Creation or production of sexually explicit depictions of a minor for importation into the United States is a crime pursuant to 18 U.S.C. § 2260.
- Solicitation of Children for Sex. 18 U.S.C. § 2425 makes it a crime to use interstate facilities (i.e., the Internet or phones) to transmit information about an individual under the age of 16, with “the intent to entice, encourage, offer, or solicit that minor to engage in any sexual activity that can be charged as a criminal offense.”
- Human Trafficking &Trafficking for Prostitution. Although human trafficking per se is not necessarily a sex crime, but most children are kidnapped and trafficked or sold for sexual purposes, which would result in a sex crime application. It is a crime to take children across state or federal borders for sex. See 18 U.S.C. §§ 2421, 2423 and 2251A(a) and (b).
- Traveling for Sex with Children. It is also a crime for an adult to travel across state or federal borders to engage in sex with a minor or for the purpose of engaging in sex. See 18 U.S.C. § 2423(b).
- Sex Tourism involves a perpetrator who travels abroad in order to engage in a sex act or acts which are illegal in the U.S. but may be lawful in another country. Covered under the federal Protection Act, an offense of this nature may involve a person traveling to another country with a minor or to meet a minor and engage in sexual activity. A mandatory 10 year term of imprisonment may be imposed for a federal sex crime of this nature.
- Sexual Abuse or Aggravated Sexual Abuse. Effectively, this is rape, rape by instrumentation, forcible sodomy or other common law sex crimes committed on federal land or territories. See 18 U.S.C. §§ 2241-2246.
- Sexually Dangerous Persons. In addition to punishment for any of these federal crimes, if it is later determined (during or after incarceration) that a person is a “sexually dangerous person,” that person can be removed from society in a quasi-criminal, quasi-civil proceeding. In other words, a criminally, sexually dangerous person can be removed or imprisoned just for being sexually dangerous.
SEX OFFENDER REGISTRATION under the Adam Walsh Act is required if convicted in federal court of any of these crimes and others not specified here.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Federal Criminal Defense Lawyers & Attorneys. We are licensed in all federal courts in Oklahoma and in the Northern and Eastern Districts of Texas. We are eligible for admission in all federal courts nationwide and travel for representation. Your future is our business.
*Note: Results may vary because each case must be decided on its own unique facts and the law applicable to that given case. You should not infer the likelihood of success on a given case based on past cases handled by this firm.