Federal Criminal Defense
Federal Criminal Defense Attorney
The impact of facing federal criminal charges can be crippling and cause severe damage to your career and reputation. Federal charges should never be taken lightly and once charged with accusations you should seek strong legal counsel immediately. When searching for a Federal Criminal Defense Attorney, it is important to retain the services of a lawyer that has experience with Federal Criminal Defense cases. As a former Judge with the US Army JAG Corps, Attorney Troy A. Smith is well versed in many areas of Federal Criminal Defense and has the experience required to give you the best representation possible.
Attorney Troy A. Smith handles the following types of Federal Criminal Defense cases:
- Murder Trials
- Homicide Cases
- Narcotics Offenses
- Firearms Offenses
- Sex Crimes
- Child Pornography Offenses
- Motor Vehicle Crimes
- Organized Crime
- White Collar Crimes
- Appeals and more
How Do Federal Criminal Cases Differ From State Criminal Cases?
There are important differentiating factors between a federal criminal case and a state criminal case. The law enforcement agencies investigating the cases will differ based on the jurisdiction of the crime. Federal crimes are known to be investigated by the heavily-funded agencies with a more seasoned staff of agents and investigators. Federal prosecutors have access to a larger pool of resources to support their case. State prosecutors are noted for having a limited pool of resources and more junior team of investigators, prosecutors, and judges working the case. The penalties associated with federal crimes are more severe and carry heavier sentencing than most state cases. When facing federal criminal charges, it is vital to secure the representation of an experienced criminal defense attorney with a successful track record of federal cases.
Facing Mandatory Minimums in Federal Criminal Cases
Federal mandatory minimums are set by federal law and require judges to impose the mandatory minimum prison term. Among these penalties, the most common convictions include gun offenses and drug crimes. These criminal charges carry much heavier sentencing than crimes seen as less threatening. Knowing the legal guidelines of your charge, and the mandatory minimum associated with those charges is crucial in setting the strategy for your legal defense. An experienced criminal defense attorneys will be able to help you navigate the judicial process and present the best options for your case.
What Are the Mandatory Minimums for Gun Possession?
If a gun is possessed in relation to any crime of violence or drug trafficking crime, there are heavy mandatory minimums required in sentencing. There are striking contrasts in the penalties for first-time offenders as opposed to repeating offenders. If a short-barreled shotgun or rifle is possessed by a first-time offender the mandatory minimum sentence added to the previous penalties is ten years. The same gun possession charges for a second-time offender carry a twenty-five year minimum.
For the possession of a machine gun or the use of a silencer or muffler in relation to a violent crime or drug trafficking the mandatory minimum for a first-time offender is thirty years of imprisonment. The same conviction for repeat offenders holds the severe penalty of life. There are also layered tiers for gun possession based on the gun being brandished or discharged. Each tier holds more severe penalties than the prior tier of sentencing.
Example: An offender deals marijuana 3 times in one week. Each time he carries a handgun with him. He is convicted of three counts of drug trafficking and three counts of § 924(C).
His sentence is:
5 YEARS FOR DRUG TRAFFICKING
+ 5 YEARS FOR 1ST § 924(C) CONVICTION
+ 25 YEARS FOR 2ND § 924(C) CONVICTION
+ 25 YEARS FOR 3RD § 924(C) CONVICTION
TOTAL SENTENCE: 60 YEARS
About Federal Criminal Defense Attorney Troy A. Smith
With more than 25 years of litigation and appellate experience as both a former New York City homicide prosecutor and a criminal defense counsel in the United States Army, Mr. Smith has served as lead counsel on more than one hundred trials on charges to include murder, manslaughter, vehicular homicides, armed robbery, aggravated assault, burglary, drug distribution, rape, child molestation, child pornography, rape and aggravated sexual offenses, grand larceny, embezzlement and fraud on the United States Government. Many of these trials were Federal Criminal Defense Cases. Mr. Smith has also served as lead appellate counsel on more than one hundred military criminal appeals, to include the death penalty case of United States v. Kreutzer.
If Federal Officials have brought you in to question you, it is imperative that you retain competent counsel right away that has Federal Criminal Defense experience and do not answer any questions without first being advised by your counselor.
If you are facing a Federal Criminal Defense case you need to make sure you have an attorney on your side that handles these cases regularly. Contact Federal Criminal Defense Attorney Troy A. Smith today at 941-358-1433.