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Federal crimes

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Key facts: Federal crimes are defined mainly in Title 18 of the U.S. Code, prosecuted by U.S. Attorneys, charged (for felonies) through a grand jury, tried in one of the 94 U.S. District Courts, and sentenced with reference to U.S. Sentencing Commission guidelines.[1][2][4]

A federal crime is an offense defined by Congress, usually in Title 18 of the U.S. Code, and prosecuted by the United States government rather than a state.[1]Federal cases are brought by a U.S. Attorney and, for felonies, generally require a grand jury indictment, and they proceed through United States District Courts under the Federal Rules of Criminal Procedure.[2][3]

Overview

Criminal law is a system of laws concerned with crimes and punishment, and a criminal prosecution involves the government deciding whether to punish an individual for an act or omission.[1]Each state has its own criminal code, and Congress has separately codified federal criminal law, mainly in Title 18 of the U.S. Code.[1]Because states and the federal government each have authority to make certain acts illegal, the same conduct can sometimes be charged and punished differently under state and federal law, and a defendant can in some circumstances be charged and convicted under both systems.[3]For general background on how criminal law works, see what is criminal law and elements of a crime.

What makes a crime federal

A crime is federal when Congress has chosen to criminalize the conduct, typically through a statute codified in Title 18 of the U.S. Code, which designates offenses such as arson, counterfeiting and forgery, embezzlement, espionage, genocide, and kidnapping as federal crimes.[1]These statutes usually prescribe a maximum sentence for a conviction.[1]Congress's power to criminalize conduct is more limited than that of the states, so the federal criminal code, while extensive, covers fewer categories of conduct than most state criminal codes.[1]Federal criminal cases also follow a distinct procedural framework set out in the Federal Rules of Criminal Procedure, while each state has its own similar set of procedural rules.[3]Related categories of conduct that can arise at either the state or federal level are discussed under white-collar crimes, drug crimes, and cybercrimes.

Who investigates and prosecutes

Only the government may initiate a federal criminal case, usually through a U.S. Attorney's office working together with a law enforcement agency such as the FBI.[4]The U.S. Attorney represents the United States in most federal court proceedings, including criminal prosecutions, and studies information gathered by investigators before deciding whether to present a case to a grand jury.[4][2]For potential felony charges, the prosecutor presents evidence to a grand jury of approximately 16 to 23 citizens, who vote in secret on whether enough evidence exists to charge the person, and at least twelve grand jurors must agree to issue an indictment.[2]The use of a grand jury to charge felony defendants is a federal constitutional requirement, though federal misdemeanor charges do not have to come from a grand jury, and states are not required to use grand juries at all.[2]A defendant facing federal charges can hire an attorney or, if indigent, may be represented by a court-appointed public defender[2]; see public defenders and Sixth Amendment rights. The process from investigation through charging is described further in arrest and arraignment.

Federal courts and sentencing

Federal criminal cases are tried in a United States District Court, the trial-level venue for federal cases, of which there are 94 across the states, the District of Columbia, and the territories.[2]At an initial appearance, a judge advises the defendant of the charges, considers pretrial detention, determines whether probable cause exists, and advises defendants unable to afford counsel of their right to a court-appointed attorney.[4]A defendant enters a plea at arraignment, and more than 90 percent of federal defendants plead guilty rather than go to trial, often under a plea bargain in which the government agrees to drop certain charges or recommend a lenient sentence[4]; see plea bargaining. At trial, the burden of proof rests on the government, which must prove guilt beyond a reasonable doubt, and an acquitted defendant cannot be tried again for the same offense under the Constitution's prohibition on double jeopardy.[4]If a defendant is found guilty, the judge determines the sentence, which may include prison time, a fine, and restitution to victims, considering guidelines from the U.S. Sentencing Commission along with evidence from trial and information from the probation office, the U.S. Attorney, and the defense.[4][5]More on how sentences are determined generally is covered under criminal sentencing, and the broader process is outlined at the criminal process step by step and the criminal trial.

Entries in this section

Further entries planned for this section (not yet published):

Common questions

What makes a crime federal instead of state?

A crime is federal when Congress has defined the conduct as a crime, typically codified in Title 18 of the U.S. Code, rather than, or in addition to, being defined as a crime under a state's own criminal code.[1]Because both the state and federal governments can criminalize certain conduct, the same act can sometimes be charged under both systems.[3]

Who prosecutes federal crimes?

Federal crimes are prosecuted by the United States Attorney's office, in coordination with a law enforcement agency such as the FBI, and the U.S. Attorney represents the government in federal criminal proceedings.[4]For felony charges, the prosecutor must generally present evidence to a grand jury, which decides whether enough evidence exists to issue an indictment.[2]

Do federal felony charges require a grand jury?

Yes, using a grand jury to charge felony defendants is a constitutional requirement in the federal system, unless the defendant waives grand jury indictment, though this is not required of every state.[3][2]

Where are federal criminal trials held?

Federal criminal trials are held in United States District Courts, and there are 94 district courts across the states, the District of Columbia, and the territories, with the specific venue depending on where the case arises.[2]

How are federal sentences decided?

After a guilty verdict or plea, a federal judge determines the sentence, considering guidelines from the U.S. Sentencing Commission, evidence from trial, and information from the probation office, the U.S. Attorney, and the defense attorney.[4][5]A sentence may include prison time, a fine payable to the government, and restitution to crime victims.[4]

Can the same conduct be charged by both a state and the federal government?

Yes, states and the federal government each have authority to criminalize conduct and set punishments, and a defendant can in some circumstances be charged and convicted under both systems for the same underlying conduct.[3]

References

All sources retrieved November 2026.

  1. ^ a b c d e f g h i "Criminal law (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  2. ^ a b c d e f g h i j k "Charging". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.
  3. ^ a b c d e f g "Steps in the Federal Criminal Process". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.
  4. ^ a b c d e f g h i j k l m n "Criminal Cases". Administrative Office of the U.S. Courts. Retrieved November 2026.
  5. ^ a b "About the Commission". U.S. Sentencing Commission. Retrieved November 2026.