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Melbourne Federal Crime Lawyers

Defending Against Federal Crime Charges in Florida

If you are facing charges in federal court, it is important to have a federal defense attorney with knowledge of federal court procedures and federal trials. The Melbourne federal crimes attorneys at Funk, Szachacz & Diamond have represented numerous clients in federal court, including a number of high profile cases.

Types of Federal Crimes

Our firm represents clients charged with federal crimes, including:

Have you been charged with a federal crime? Our federal crime lawyers in Melbourne are ready to represent you! Call Funk, Szachacz & Diamond today at (321) 360-4446 or contact us online to start your defense.

Federal vs. State Offenses

One of the main differences between federal and state crimes is that a lengthy investigation has been conducted and a grand jury indictment may have been obtained, so the case against you may already be strong.

Federal crimes are those violations of U.S. law that fall under the jurisdiction of the federal government. These crimes are typically investigated by federal agencies, such as the FBI, DEA, ATF, or ICE. Federal crimes in Florida can range from drug trafficking across state lines to financial crimes like bank fraud.

    Due to the differences between state and federal trials, it is in your best interest to hire an attorney with specific knowledge and experience in federal court. Our federal criminal defense attorneys in Melbourne have achieved the highest level of recognition by the Florida Bar for criminal law experience and competence. We work together on every case to provide the most effective representation for every client.

    What are Common Types of Federal Crimes in Florida?

    Florida's geographic location and its bustling ports make it a focal point for federal agencies targeting crimes like drug trafficking, immigration violations, and organized crime. Because of this, the state sees a significant number of federal criminal cases.

    Florida has long been a major hub for drug trafficking, particularly involving drugs like cocaine, heroin, methamphetamine, and marijuana. Federal laws criminalize the distribution, manufacture, and possession of controlled substances, with particularly harsh penalties for trafficking across state or national borders.

    Additionally, Florida's large immigrant population makes it a focal point for federal immigration enforcement. Crimes such as illegal entry, overstaying visas, and human trafficking are investigated and prosecuted under federal immigration laws.

    What are the Potential Penalties for Federal Crimes?

    Federal crimes in Florida carry significant penalties, which are often more severe than those for state-level offenses. The penalties vary widely depending on the type of crime, the specific circumstances, and whether certain aggravating or mitigating factors are present. Below are some potential penalties for federal crimes in Florida:

    • Prison Sentences: Vary from several years to life imprisonment, depending on the crime type (e.g., drug trafficking, white-collar crimes, violent crimes).
    • Mandatory Minimum Sentences: Some federal crimes carry mandatory minimum sentences, particularly for drug offenses and firearm crimes.
    • Fines: Federal crimes can result in significant fines, from thousands to millions of dollars, depending on the crime’s severity.
    • Restitution: Defendants may be required to pay victims back for financial losses due to the crime, especially in fraud or theft cases.
    • Probation: Some crimes may result in probation instead of prison, with conditions like regular check-ins, drug testing, and counseling.
    • Supervised Release: After prison, defendants may face supervised release with strict oversight, which may include drug testing and maintaining employment.
    • Death Penalty: Applicable in extreme cases like federal murder or terrorism-related killings, where the prosecution may seek the death penalty.
    • Asset Forfeiture: The government can seize property connected to illegal activities, such as drug trafficking or money laundering.

    Federal Sentencing Enhancements

    Federal sentencing guidelines include certain factors that can enhance a defendant’s sentence. These include the use of a weapon, prior convictions, or being part of an organized criminal group. A federal court defense lawyer may challenge these enhancements or argue for a reduced sentence if the defendant has shown remorse, complied with certain conditions, or cooperated with law enforcement.

    How to Defend Against Federal Charges?

    Facing federal charges requires a strong and strategic defense. There are several defense strategies that an experienced Melbourne federal crime lawyer may use to challenge the prosecution’s case. Some common defense strategies include:

    • Lack of Evidence: Argue that there is insufficient evidence to support the charges, leading to potential dismissal or reduction if the prosecution can't prove guilt beyond a reasonable doubt.
    • Illegal Search and Seizure: Challenge the admissibility of evidence obtained through unconstitutional searches, potentially resulting in evidence exclusion or charge dismissal.
    • Mistaken Identity: Present an alibi or evidence showing wrongful accusation due to mistaken identity, discrediting faulty identification or evidence.
    • Entrapment: Argue that law enforcement induced or coerced the defendant into committing a crime they would not have otherwise committed, potentially leading to dismissal or reduced penalties.
    • Coercion or Duress: Show that the defendant committed the crime under threat of harm, offering a defense against criminal liability.
    • Lack of Intent: Demonstrate that the defendant lacked the necessary intent to commit the crime, which could lead to reduced or dismissed charges.
    • Negotiating a Plea Deal: Work towards a plea agreement to secure a reduced sentence or lesser charges in exchange for a guilty plea, avoiding the uncertainties of a trial.
    • Challenge the Constitutionality of the Charges: File a motion to challenge unconstitutional charges, potentially resulting in charge dismissal or penalty reduction.

    Can I Appeal a Federal Conviction?

    Federal convictions in Florida can be appealed to theU.S. Court of Appeals for the Eleventh Circuit. Federal appeals can be complicated and require an in-depth understanding of federal law and procedure.

    If your case ends in a guilty verdict, our team of Brevard County federal criminal lawyers may be able to appeal your case. The appeals court will review the case for significant errors that may have influenced the outcome of the case.

    If errors are found to exist, the appellate court may reverse the decision of the lower court. Our attorneys focus on criminal trials in federal court and appellate litigation.

    Post-conviction relief is another avenue for challenging a federal conviction. If new evidence surfaces or a legal error is identified, a defendant may file a motion for a new trial or seek a reduction in their sentence.

    Contact Our Federal Crime Attorney in Melbourne Today

    Federal prosecutors have significant resources and power, and they are often relentless in their pursuit of convictions. To effectively counter these powerful prosecutors, it is essential to work with a Melbourne federal crime lawyer who can level the playing field and ensure that your rights are fully protected.

    Contact Funk, Szachacz & Diamond today for a consultation with a federal criminal lawyer near you! Call now - (321) 360-4446

    Our Case Results

    From murder charges to alleged fraud, our case successes speak for themselves. Our clients themselves testify to the premium care that our firm holds as a standard for all of our cases.
    • Dismissed The country’s largest cattle dealer, Mr. P. and his company, Anthony Livestock, was charged by the Federal Government in an 13 count indictment. The indictment alleged a scheme to defraud numerous cattle feeding companies over a 5 year period. After the initial indictment and 4 superseding indictments later, Mr. P. continued to maintain his innocence. After selecting the jury and cross examining the Governments witnesses, at the close of the Governments case, the lawyers of Funk, Szachacz & Diamond fashioned an argument to dismiss the remaining Wire Fraud count. The former Chief Judge of the U.S. District Court of Kansas heard arguments and agreed with the firm that the case should be dismissed in its entirety. Mr. P. remains free of any convictions today 13 Count Indictment Federal Crimes
    • Dismissed An astute businessman, Mr. B. was charged by the Federal Government in an 18 count indictment. The indictment was the first of its kind in the U.S. alleging a 42 million dollar fraud involving the Federal Lifeline Program, some calling it the "Obamaphone" prosecution. The indictment included charges of Conspiracy to Commit Wire Fraud, Wire Fraud, Conspiracy to Commit Money Laundering, Monetary Transactions Involving Unlawful Property, Mail Fraud and Money Laundering. The Washington D.C. based investigation culminated in the collection and production of 2.4 million documents. The U.S. District Court declared the prosecution "complex, as a matter of law." Maintaining his innocence from the day Mr. B. was referred to the firm, Mr. B. demanded a jury trial. After two superseding indictments, Mr. B. continued to maintain his innocence. After extensive pre-trial litigation, including accusations of Governmental misconduct and on the eve of trial, the Government abandoned all charges except Mail Fraud. After selecting the jury and cross examining the Governments witnesses, at the close of the Governments case, the lawyers of Funk, Szachacz & Diamond fashioned an argument to dismiss the Mail Fraud. The Chief Judge of the U.S. District Court heard arguments and agreed with the firm that the case should be dismissed in its entirety. Mr. B. successfully recovered all of his seized assets and remains free of any convictions today. 18 Count Indictment Federal Crimes
    • Acquitted An outspoken United States Postal Worker, Mr. C. was Federally indicted. After an emotionally charged jury trial, Mr. C. was acquitted of all criminal charges. Federally Indicted Federal Crimes
    • Sentenced to a Non-Prison Sentence Mr. G. was the target of a Federal drug manufacturing investigation conducted by the DEA and FBI. After being arrested and formally charged, the firm successfully avoided the mandatory minimum prison sentence and Mr. G. was sentenced to a non-prison sentence in the Middle District of Florida. Federal Drug Manufacturing Federal Crimes
    • Dismissed A prominent businessman, Mr. D. was the target of a Federal Fraud investigation. After his arrest, the firm, with the assistance of experts, conducted a thorough computer forensic investigation. Consequently, the federal Government relented and agreed to not prosecute Mr. D. with any felonies. Federal Fraud Investigation Federal Crimes
    • Acquitted A NASA Quality Assurance Specialist working in the Space Shuttle Program, Mr. T. was charged in a unique federal indictment alleging 166-counts of Fraud Involving Space Vehicle Parts. He was first accused shortly after the Space Shuttle Columbia disaster. Facing 1,600+ years in federal prison, Mr. T. demanded his trial. Mr. T. was acquitted of all 166 crimes he was accused of by the Federal Government. 166-Counts of Fraud Involving Space Vehicle Parts Federal Crimes
    • Dismissed A well-respected Arizona business man, Mr. F. was the target of a Federal investigation involving bribery and bid rigging for jet parts in the U.S. Navy. The attorneys successfully thwarted any indictment and further criminal prosecution. Federal Investigation Involving Bribery and Bid Rigging for Jet Parts in the U.S. Navy. Federal Crimes
    • Dismissed CPA charged by the United States with multiple counts of felony fraud against the I.R.S. and facing numerous years in Federal prison. Attorneys successfully defended Mr. C. resulting in no incarceration. Multiple Counts of Felony Fraud Against the I.R.S. Federal Crimes
    • ICC
    • ECCC CETC
    • NACDL
    • 100% Board Certified
    • Brevard County Bar
    • American Inns of Court
    • National Trial Lawyers Top 100
    • World Justice Project
    • Avvo Alan
    • Avvo Kepler

    Contact Us Today

    Entrust your case to a proven and esteemed defense team.
    1. All of our attorneys are certified by the Florida State Bar, making them the only all certified team in the state.
    2. We do not cut corners. Every case is handled with the utmost integrity and complete honesty.
    3. From NASA employees to school teachers, our team has an undeniable track record of success.
    4. We take your case seriously and personally. You deserve diligent representation.
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