Los Angeles Federal Criminal Defense Attorney
Criminal Defense Lawyers Defending People Accused of a Federal Crime Offense
If you are accused of violating a Federal law, as opposed to a State law, your case will be in Federal Court. Federal laws are laws passed by the United States Government. Many crimes are violations of both Federal and State law. In those cases, whether or not the case is heard in Federal or State court typically depends on who the arresting agency was. If the FBI conducted the investigation and handled the arrest, it would likely be a Federal case, while if the local Sheriff's Office investigated and handled the arrest; it would likely be s State case. This is why you need to consult with a Los Angeles federal criminal defense lawyer as soon as you learn you may be the target of an investigation.
Federal cases tend to be more serious and are typically focused on a few area of crime: white collar crime, manufacture and trafficking of narcotics, child pornography, and terrorism. The determination of sentences in federal cases is also performed differently than state cases.
Federal Sentencing Guidelines
The Federal Sentencing guidelines provide a method of using points to calculate the severity of the offense. The guidelines look at factors such as how much money was lost, how many drugs were manufactured, and so on. The guidelines then combine these different factors to calculate a total offense level. Based on the offense level and the criminal history of the defendant, a guideline range for an appropriate sentence is produced. For example, if you have an offense level of 23 and a couple of prior convictions that place you in a Category II criminal history, your guideline range would be 51-63 months in Federal prison. Judges often sentence individuals to somewhere within that range, although lower sentences can still be argued for. Consult with a Los Angeles federal criminal defense attorney at our law firm for more information. Let's examine the most common federal crime cases in Los Angeles below:
Mail Fraud - Wire Fraud 18 U.S.C. 1343, 1341
The prosecution needs to be able to prove each and every one of the elements of an offense beyond a reasonable doubt in order for you to be convicted at trial. If the prosecution cannot prove even just one element beyond a reasonable doubt, the jury is required by law to find a not guilty verdict. It is for this reason that an understanding of all of the elements of an offense is critical to preparing a defense for your case. A federal criminal lawyer at our law firm can explain in greater detail.
Accordingly, for the crime of wire fraud or mail fraud, the elements are:
(1) You were knowingly involved in a plan to defraud to obtain money or property; AND
(2) You made statements or omitted facts that were material to the plan and had a tendency to influence someone to part with his or her money; AND
(3) You had the intent to defraud; AND
(4) You used a wire or mail communication as an essential part of carrying out your scheme.
A wire fraud case can occur when someone e-mails out advertisements encouraging people to invest in his company but lies about what his company actually does. Wire fraud also can involve the use of telephones and fax machines. A mail fraud case can occur when someone mails out advertisements encouraging people to invest in his company but lies about what his company actually does.
In Federal cases in Los Angeles, a set of guidelines advises judges on how to appropriately sentence an individual. The guidelines incorporate factors such as the offense itself, any egregious elements of the offense, and the defendant’s criminal history. By combining these factors, judges are given a sentencing guideline range (53-71 months) and judges often select a sentence from that range. Defendants, however, are free to both dispute the calculation of the sentencing guideline range and to argue for a sentence below the guideline range. The statute for wire fraud, however, states that the maximum sentence is 20 years in Federal prison.
Available challenges by our experienced Los Angeles federal criminal defense lawyers always depend on the facts of the case. One of the best methods of attacking a charge of wire fraud is to attack each of the elements of the offense. Our federal attorneys will look for facts that demonstrate you did not have intent to defraud, that no material statements or omissions were made, and that the materials sent through the wire were not relevant to any scheme.
18 U.S.C. 1344: Bank Fraud
For the crime of bank fraud in Los Angeles, the elements are:
(1) Anybody who knowingly executes, or attempts to execute, a scheme or artifice to defraud a financial institution; OR (2) To obtain any of the funds, moneys, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, promises, or representations; shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
A bank fraud case can occur when a company promises you money working at home and then asks you help them by accepting a payment and then sending them money. Consult with our Los Angeles federal criminal defense attorneys for more information.
18 U.S.C. 1347: Health Care Fraud
For the crime of health care fraud in Los Angeles, the elements are:
(1) Whoever knowingly and willfully executes, or attempts to execute, a scheme or artifice to defraud any heath care benefit program; OR (2) To obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program.
18 U.S.C. 1348: Securities Fraud
For the crime of securities fraud, the elements are:
(1) Whoever knowingly executes, or attempts to execute, a scheme or artifice to defraud any person in connection with any commodity for future delivery, or any option on a commodity for future delivery, or any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 OR (2) To obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property in connection with the purchase or sale of any commodity for future delivery, or any option on a commodity for future delivery, or any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 shall be fined or imprisoned not more than 25 years or both.
Contact a Los Angeles Federal Criminal Defense Lawyer
A Los Angeles federal criminal defense lawyer from our law firm has decades of experience defending individuals facing any type of federal criminal offense. Our defense lawyers have a track record of success in federal crime cases including bank fraud, bribery, child pornography, sexual exploitation of children, selling or buying of children, federal child pornography, bankruptcy fraud, extortion, money laundering, counterfeiting, healthcare fraud, insider trading, mail fraud, wire fraud, Medicare fraud, public corruption, RICO violations, weapons crimes, federal appeals, perjury, among others. See related information: California Extradition Laws.
Our Los Angeles federal criminal defense law firm believes every client deserves the best quality legal representation. We completely understand the stress associated with a federal criminal investigation. Our defense attorneys will provide you with individual attention and guide you through every step of the legal process. Your personal and professional reputation is at stake. Our federal crime lawyers are skilled courtroom negotiators and know how a federal prosecutor will attempt to build their case against you.
Due to the thorough criminal investigation you will most likely face from federal prosecutors, we highly recommend you contact the Los Angeles federal criminal defense law firm of Eisner Gorin LLP as soon possible. Reviewing all the potential evidence requires exhaustive research and investigation. Typically, federal crimes are long-term investigations that include several witnesses, extensive documentation, search warrants, and plea bargain deals that require specific expertise in the field of federal criminal defense.
For a free immediate response, call our office at 877-781-1570.
Related Pages: Federal Appeals | Federal Drug Crimes | Conspiracy
Related Blog: Social Media as Evidence in a Criminal Case