Common Federal Crimes and Their Penalties in Los Angeles
FBI agents arrest you at your Los Angeles home at 6 AM Thursday—federal indictment for drug conspiracy, they say you distributed cocaine from Mexico through LA to Nevada (interstate commerce = federal jurisdiction). You’re booked at downtown federal courthouse (255 E. Temple Street), arraignment next week at Central District of California, you’re thinking “what are the most common federal crimes, am I being charged with something serious or minor? How long do I go to jail for federal charges—am I looking at 3 years or 30 years? Do federal charges ever get dropped or am I screwed?”
What Crime Am I Actually Charged With?
What are the most common federal crimes? Drug trafficking is 40%+ of federal prosecutions in Los Angeles—cocaine, heroin, methamphetamine, fentanyl from Mexico crossing border into California, distributed across state lines (Nevada, Arizona). Immigration violations are 25-30%—illegal reentry after deportation under 8 USC 1326, smuggling people across border. Bank robbery is 5-10% of federal cases (bank robbery is ALWAYS federal crime because banks are federally insured under Federal Deposit Insurance Corporation). Mail and wire fraud (using US mail or electronic communications to commit fraud—federal statutes 18 USC 1341 and 1343) are 5-10%. Felon in possession of weapon is 5-10%—if you’re convicted felon and caught with gun, that’s federal charge under 18 USC 922(g) with 10-year MANDATORY MINIMUM. Identity theft and tax evasion round out common charges. Why does YOUR specific charge matter? Common charges mean more predictable outcomes—FBI and DEA prosecute hundreds of drug trafficking cases every year in LA, prosecutors have established plea deals (cooperate and get 30-50% reduction, fast-track guilty plea and get additional points off Guidelines, refuse to cooperate and face full sentence at trial). Rare charges like terrorism, espionage, child exploitation mean MUCH HIGHER sentences and LESS room for negotiation—prosecutor has political pressure to get maximum sentence, judges impose harsh sentences to send message. Federal prosecution is SELECTIVE—feds CHOOSE which cases to prosecute (they could prosecute federally or let state handle it), state prosecutors MUST prosecute all arrests. That selectivity means if feds charged YOU federally instead of letting LAPD handle it at state level, they believe your case is serious enough to warrant federal resources.
How Much of My Life Am I Losing?
How long do you go to jail for federal charges? Depends entirely on specific charge and criminal history. Drug trafficking averages 5-10 years with mandatory minimums (5 years for 500 grams cocaine, 10 years for 5 kilograms cocaine, 10 years for 1 kilogram heroin, 5 years for 5 grams methamphetamine). Bank robbery averages 10-25 years (basic bank robbery is 10 years, armed bank robbery adds another 7-25 years for weapon). Immigration violations (illegal reentry after deportation) average 2-5 years. Weapons offenses for felon in possession carry 10-year MANDATORY MINIMUM if you have three prior violent felonies (Armed Career Criminal Act). Fraud averages 3-7 years depending on loss amount (fraud with $50,000 loss is different from fraud with $5 million loss—Federal Sentencing Guidelines calculate by loss amount). NO PAROLE in federal system (Congress abolished parole in 1987)—you serve MINIMUM 85% of sentence. You get 10-year sentence, you’re in federal prison for 8.5 years actual. Impact on YOUR life—you have 6-year-old and 8-year-old kids. Federal 10-year drug trafficking sentence means you’re home when they’re 14 and 16. You missed their ENTIRE childhood—first day of school, sports games, birthdays, proms, learning to drive. Your 6-year-old won’t remember you when you get out. You have marriage—will your spouse wait 8.5 years? You have job—will your employer hold your position for a decade? You have career—can you rebuild after 10 years out of workforce with federal felony conviction? Supervised release comes AFTER prison—3-5 years of federal probation with STRICT conditions (drug testing, travel restrictions, employment requirements, weekly meetings with probation officer, cannot associate with felons, violate ANY condition and you go back to prison for FULL remaining supervised release term). You serve 8.5 years in prison, get released, violate supervised release in year 2, you go back to prison for remaining 3 years—total time 11.5 years away from family.
Can I Get This Dismissed?
Do federal charges ever get dropped? Yes charges CAN be dismissed, but it’s RARE. Federal conviction rate is 97%—of 100 federal defendants, 90 plead guilty, 7-8 convicted at trial, 2-3 dismissed or acquitted. When do charges actually get dismissed? Illegal search or seizure—DEA searched your car without warrant or probable cause, you file Fourth Amendment suppression motion, judge grants it, cocaine evidence excluded, prosecution CANNOT prove case without cocaine, charges dismissed. Insufficient evidence—grand jury indicted you based on cooperating witness testimony, but witness recants or has credibility problems (convicted felon, gave five different stories), prosecutor realizes they cannot prove all elements beyond reasonable doubt, dismisses charges before trial. Prosecutorial misconduct—prosecutor withheld exculpatory evidence (Brady violation), FBI agent lied to grand jury, judge dismisses charges with prejudice (cannot be refiled). Cooperation deals can result in charge reductions or dismissals—you’re charged with drug trafficking conspiracy with five co-defendants, prosecutor offers you deal (testify against main organizer and we’ll dismiss your charges or reduce to simple possession). That’s not technically dismissal, that’s negotiated reduction, but outcome is similar—instead of 10-year mandatory minimum you get 2-3 years. Why are dismissals so RARE? Feds only charge when they have OVERWHELMING evidence. They investigated your case for 6-12 MONTHS before indicting you—wiretaps of your phone calls, cooperating co-defendants who already pled guilty and agreed to testify against you, financial records showing money transfers, confidential informants who recorded meetings with you wearing wire, surveillance photos, GPS tracking of your car. By the time federal grand jury indicts you, prosecutor has ALREADY built the case—they don’t indict and THEN investigate, they investigate and THEN indict. If feds charged you, they already have the evidence. Realistic expectations—99% chance you’re either pleading guilty (negotiate possible sentence reduction through cooperation, fast-track plea, acceptance of responsibility) or going to trial (2-3% chance of acquittal, 97% chance of conviction with HIGHER sentence than plea offer due to trial penalty). You’re NOT getting charges dismissed—plan accordingly.
What Else Happens Beyond Prison Time?
What is the punishment for a federal crime? Prison time is JUST THE BEGINNING. Supervised release means 3-5 years of federal probation AFTER you complete prison sentence—strict conditions including drug testing (random tests, fail and you go back to prison), travel restrictions (cannot leave district without permission), employment requirements (must maintain lawful employment, report all income), weekly meetings with probation officer, cannot associate with felons (if your brother has felony conviction you cannot see him), cannot possess firearms, violate ANY condition and you go back to prison for FULL remaining supervised release term (not just the violation, the ENTIRE remaining term). Mandatory deportation for non-citizens—federal conviction MANDATES deportation under immigration law. You serve 10-year sentence, ICE detains you upon release, deports you to country of origin, you can NEVER return to United States legally. You have wife and kids who are US citizens—you’re separated from them PERMANENTLY unless they move to your country. Permanent collateral consequences destroy your future—federal felon cannot vote until rights restored (process varies by state, many states NEVER restore voting rights), cannot own or possess firearms EVER under 18 USC 922(g) (if caught with gun after federal felony conviction that’s another 10-year mandatory minimum), cannot get professional licenses (doctor, lawyer, nurse, teacher, accountant, real estate agent—career over), cannot get federal employment (Post Office, TSA, federal agencies all require background checks), cannot get federal student loans or housing assistance (convicted drug offenders banned from federal programs), cannot serve on juries. Restitution payments continue for REST OF YOUR LIFE—fraud case with $500,000 victim loss means judge orders $500,000 restitution payment plan, you pay monthly installments after release from prison, they garnish your wages, you’re paying for 20-30 YEARS. Criminal record NEVER goes away—federal convictions cannot be expunged in most circumstances (only presidential pardon can remove federal conviction), follows you for LIFE. Every job application asks “have you been convicted of a felony”—you check yes, employer throws your application away. Every background check (renting apartment, applying for credit, volunteer at kids’ school) shows federal felony conviction. You served your time, you paid your debt to society, but you’re punished FOREVER through collateral consequences. That’s not rehabilitation, that’s permanent civil death—you’re free from prison but you’re not free to live normal life, work normal job, support your family, participate in democracy. Punishment extends FAR beyond the sentence handed down in courtroom.
212-300-5196.