Las Vegas Federal Violent Crimes Defense Lawyer
Federal violent crimes are some of the most serious offenses prosecuted in the United States. Unlike state charges, federal violent crimes involve violations of federal law and often carry harsher penalties, including long prison sentences, steep fines, and sometimes the death penalty. Violent crimes prosecuted in federal court may involve serious physical harm, threats of violence, or the use of weapons, and many of these crimes are subject to mandatory minimum sentences.
At Hofland & Tomsheck, Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with extensive experience in defending clients charged with violent federal crimes. Josh and the team understand how federal prosecutors build their cases and have the skills to challenge these charges effectively. If you are facing federal violent crime charges, understanding what these charges involve and how to defend against them is critical to achieving the best possible outcome.
What are Federal Violent Crimes?
Federal violent crimes are offenses that involve the use or threat of physical force or violence against another person. These crimes are prosecuted at the federal level either because they involve federal laws or because they cross state lines, involve federal agencies, or affect federal interests. Many federal violent crimes are investigated by agencies like the FBI, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), or the U.S. Marshals Service.
Federal violent crimes are often more complex than state charges and involve serious penalties, including lengthy prison sentences under the Federal Sentencing Guidelines. Some of the most commonly charged federal violent crimes include:
Common Types of Federal Violent Crimes
Assault on a Federal Officer (18 U.S.C. § 111):
This charge involves using or threatening physical force against a federal officer, such as an FBI agent, DEA agent, or U.S. marshal, while they are performing their official duties. Assaulting a federal officer can lead to severe penalties, especially if a weapon is used.
Penalties: If no weapon is involved, the penalty can include up to 8 years in prison. If a deadly weapon or physical injury is involved, the penalties can be significantly higher, with up to 20 years in prison.
Interstate Domestic Violence (18 U.S.C. § 2261):
Federal charges can arise if someone crosses state lines with the intent to commit violence against a spouse or intimate partner. The charge also applies if the offender forces the victim to cross state lines.
Penalties: Depending on the severity of the injury caused and whether a deadly weapon was used, sentences can range from 5 years to life in prison.
Hate Crimes (18 U.S.C. § 249):
Hate crimes involve violent acts committed against someone based on their race, religion, ethnicity, sexual orientation, gender identity, or disability. These cases are prosecuted aggressively under federal law, particularly when the crime crosses state lines or is deemed a federal interest.
Penalties: Penalties for hate crimes vary widely, but they can include up to life in prison, depending on the nature of the violence and its impact on the victim.
Kidnapping (18 U.S.C. § 1201):
Kidnapping becomes a federal crime if the victim is taken across state lines, if it involves crossing international borders, or if the kidnapping takes place on federal property. Federal kidnapping charges often involve ransom demands or holding the victim against their will for an extended period.
Penalties: Convictions for federal kidnapping charges can result in life in prison, especially if the victim is harmed or killed.
Carjacking (18 U.S.C. § 2119):
Carjacking involves the use of force, intimidation, or threats to take control of a vehicle. Carjacking becomes a federal crime if the offender uses a firearm, crosses state lines, or if the vehicle is used in furtherance of a federal crime.
Penalties: Carjacking carries a mandatory minimum sentence of 7 years if a firearm is used, with penalties increasing if the carjacker causes serious injury or death.
Armed Robbery (18 U.S.C. § 2113):
Robbery, particularly bank robbery or the robbery of any federally insured institution, is prosecuted as a federal crime if it involves the use or threat of violence. If a firearm or deadly weapon is used in the commission of the robbery, the penalties are enhanced under federal law.
Penalties: Armed robbery involving a federal institution can result in up to 25 years in prison, with additional penalties for the use of firearms.
Violent Crimes in Aid of Racketeering (18 U.S.C. § 1959):
This federal statute applies to violent crimes committed to further the interests of a criminal organization, such as gangs, cartels, or organized crime syndicates. These crimes often involve murder, assault, kidnapping, and threats of violence.
Penalties: Depending on the nature of the violent act, penalties can range from 10 years to life in prison or even the death penalty.
Use of a Firearm in a Violent Crime (18 U.S.C. § 924(c)):
Federal law imposes mandatory minimum sentences for using or carrying a firearm during the commission of a violent crime. The use of a firearm to threaten, intimidate, or injure others during a crime can lead to severe additional penalties.
Penalties: Sentences range from 5 years for simply possessing a firearm during a violent crime to 30 years if a firearm is brandished or discharged.
Penalties for Federal Violent Crimes
The penalties for federal violent crimes are often severe due to the serious nature of these offenses. Depending on the crime, penalties can include:
Lengthy Prison Sentences: Many federal violent crimes come with mandatory minimum sentences that leave little room for judicial discretion. Sentences can range from several years to life in prison, depending on the crime and any aggravating factors, such as the use of a firearm or harm to the victim.
Fines: In addition to imprisonment, federal violent crimes can result in substantial fines, often in the tens or hundreds of thousands of dollars, particularly in cases involving organized crime or financial gain.
Restitution to Victims: Courts may order defendants convicted of federal violent crimes to pay restitution to the victims for medical bills, lost wages, and other damages caused by the crime.
Supervised Release: After serving a prison sentence, defendants may face years of supervised release, where they must comply with strict conditions set by the court, including regular check-ins with probation officers and restrictions on travel or employment.
The Death Penalty: In cases involving particularly heinous violent crimes, such as murder or acts of terrorism, the defendant may face the death penalty if convicted.
Defenses to Federal Violent Crimes
Defending against federal violent crime charges requires an in-depth understanding of federal law, constitutional protections, and the evidence gathered by law enforcement. Some common defense strategies include:
Lack of Intent: Many federal violent crimes require the prosecution to prove that the defendant acted with intent to harm or use violence. If the defense can show that the defendant lacked intent or acted in self-defense, it may be possible to reduce or dismiss the charges.
Challenging Evidence: In some cases, law enforcement may have violated the defendant's constitutional rights during the investigation or arrest. If evidence was obtained through an illegal search or seizure, a skilled attorney can file a motion to suppress, seeking to exclude that evidence from trial.
Mistaken Identity: In cases where the defendant is accused of a crime based on witness testimony or circumstantial evidence, the defense may argue that the defendant was mistakenly identified as the perpetrator.
Self-Defense: In some violent crime cases, the defendant may argue that they acted in self-defense or defense of others. This defense is particularly relevant in cases where the defendant was attacked or threatened with imminent harm.
How Josh Tomsheck Can Help
If you are facing charges for a federal violent crime, you need an attorney with the experience, skill, and dedication to fight for your rights. Josh Tomsheck and the team at Hofland & Tomsheck have successfully defended clients against some of the most serious federal charges. Josh is committed to providing a comprehensive defense, using every legal tool available to protect your freedom.
Comprehensive Defense Strategy: Josh will carefully review the evidence, challenge the prosecution's case, and develop a defense strategy that maximizes your chances of a favorable outcome.
Aggressive Pre-Trial Motions: Josh is skilled at filing pre-trial motions to suppress evidence, challenge the validity of the charges, and negotiate for reduced sentences or dismissals.
Experienced Trial Representation: If your case goes to trial, Josh will provide aggressive representation, using expert witnesses, cross-examination, and legal arguments to defend your rights in court.
Schedule a Free Consultation Today
If you are facing federal violent crime charges, don't wait to seek legal help. Contact Hofland & Tomsheck today for a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person, phone, and Zoom meetings, to help you understand your legal options and begin building your defense.
Call us at (702) 895-6760, or visit us at 228 S. 4th Street, 1st Floor, Suite B Las Vegas, NV 89101, to schedule your consultation today.
