A crime is generally federal when it violates federal law or falls under federal jurisdiction, rather than being prosecuted solely under South Carolina law. Federal jurisdiction can arise from the type of conduct involved, where it occurred, its connection to interstate activity, or another specific federal interest. A case handled under federal law can involve different courts, procedures, prosecutors, and sentencing rules than a case brought under South Carolina law.
If federal investigators contact you, or you believe your case may involve federal charges, Beasley Tomlinson Law has the experience you need. Our federal criminal defense lawyers in Greenville, SC, can identify the law involved, determine which agency is investigating, and help you understand what to do before you respond.
What Gives the Federal Government Jurisdiction?
Federal jurisdiction doesn’t exist simply because a crime is serious or because the FBI is investigating it. The conduct must fall within a federal criminal statute or another basis for federal jurisdiction. Under 18 U.S.C. § 3231, federal district courts have jurisdiction over offenses against the laws of the United States. Federal jurisdiction can arise in several ways, including when the alleged conduct:
- Violates a federal criminal statute
- Falls within a federal statute containing an interstate or international component
- Occurs within a federal enclave or other location subject to federal criminal jurisdiction
- Involves conduct specifically regulated or protected by federal law
- Falls within another federal statute giving federal courts authority to prosecute the offense
For instance, an alleged fraud scheme involving transactions and victims in multiple states may raise federal charges in addition to any South Carolina offenses.
What Types of Crimes Can Be Federal?
Federal criminal laws cover a wide range of conduct. Depending on the facts, federal cases can involve:
- Drug trafficking
- Certain firearms offenses
- Wire, mail, and other forms of fraud
- Identity theft
- Computer and internet offenses
- Crimes involving federal property
- Certain immigration offenses
- Crimes involving interstate or international activity
The same general conduct can sometimes violate both state and federal law.
Can the Same Conduct Lead to State and Federal Charges?
Yes. South Carolina can prosecute violations of state law, while the federal government can separately prosecute conduct that violates federal law. For example, an alleged drug trafficking operation in Greenville could potentially lead to state charges under South Carolina law while also drawing federal attention if the facts support a federal drug offense. This is why it’s crucial to know whether local or state authorities, a federal agency, or multiple agencies are handling an investigation.
What Happens in a Federal Case in Greenville, SC?
Federal criminal cases arising in Greenville are handled in the U.S. District Court for the District of South Carolina’s Greenville Division. The district also has separate Spartanburg and Anderson/Greenwood divisions, and cases from those divisions may be heard at federal courthouses in Greenville, Spartanburg, or Anderson. A federal case may involve federal prosecutors and agencies such as the FBI, DEA, ATF, or other federal investigative agencies, depending on the alleged offense. Procedures and potential consequences can differ significantly from those in South Carolina state court.
Does a Federal Investigation Mean You Will Be Charged?
No. An investigation isn’t the same as a criminal charge. Federal agents may investigate allegations, interview witnesses, collect evidence, or contact a person before prosecutors decide whether charges are appropriate. That doesn’t mean you should ignore the investigation. If federal investigators contact you about conduct that could expose you to criminal charges, speaking with our Greenville, SC, federal criminal defense attorneys before answering substantive questions can help you understand your rights and options.
Is Your Case Becoming a Federal Matter? Contact Our Greenville, SC, Federal Criminal Defense Lawyers
A case can become much more complicated when federal jurisdiction enters the picture. The investigating agency, the federal statute involved, the location of the alleged conduct, and the available evidence can all affect how your case should be approached. If you’re facing a potential federal investigation or charge, discuss your case with our federal criminal defense attorneys in Greenville, SC. Reach Beasley Tomlinson Law online or at 864-775-5787 for your confidential case assessment.