Under California law, murder occurs when you unlawfully kill or take the life of a human being or fetus with malice aforethought. It means that murder is usually intentional, whereby the offender acts with a conscious disregard for human life. This explains why murder laws are stringent, with severe penalties for anyone found guilty. Although most murder cases are heard and determined at the state level, some situations call for the intervention of the federal court. Thus, you can face state or federal charges for murder, depending on the circumstances of your case.
Here are seven situations where a murder case in California can be treated as a federal case:
If The Victim is a Federal Official
Federal officials hold positions with the federal government in the United States. It is a broad or all-encompassing term, referring to the following persons:
- Elected officials are people elected to various positions by the public. They include the President, Vice President, Senators, and Members of the House of Representatives.
- Appointed officials, or the people whom the President nominates for confirmation by the Senate to hold various positions. Appointed officials also include other people appointed by authorized officials to multiple positions within the federal government. They include federal judges, agency heads, and ambassadors.
- Federal agency employees or people in various positions within federal agencies and departments. They include high-level officials like heads of departments or agencies and their deputies. They also include those who hold lower-level positions.
- Commissioned military officers, including rear admirals and Brigadier Generals
- Other designated officials, like postmaster generals and magistrate judges
The murder of a federal official is severe and is treated as a federal crime in California. A conviction could result in severe, life-changing penalties.
Additionally, you will face federal charges for the murder of someone related to a federal official, regardless of the motive of the crime. This includes a federal officer’s parent, child, sibling, or other close family member.
If The Crime Occurs on Federal Property
Murder that occurs on federal property is a federal crime. A federal property refers to any real estate property, like a building or land, that is owned, managed, or leased by the federal government. It can be land the federal government owns, a building occupied by federal agencies, or any property the government leases. They include military bases, federal buildings, and national parks.
If Murder Occurs During the Commission of Other Federal Crimes
A federal crime is any violation of federal law (passed by Congress). They are crimes that cross state boundaries or affect national interests or interstate commerce. When you commit a federal crime, you will be arrested and investigated by a federal agency like the FBI or the DEA. The hearing and determination of the case will be in a federal court. If murder occurs during the commission of a federal crime, you will face murder charges in a federal court as well.
Examples of federal crimes include the following:
Drug trafficking
A drug offense becomes a federal crime when it involves significant amounts of controlled substances or if it involves the commission of a drug crime across state lines.
White-Collar Offenses
Although some white-collar crimes are state crimes, severe crimes involving tax evasion, securities fraud, or insider trading that affect interstate commerce and significant financial transactions are federal crimes.
Crimes Committed on Federal Properties
All crimes committed on federal properties like federal courthouses, military bases, national parks, and other properties owned or leased by the federal government are federal crimes.
Immigration Crimes
These refer to all crimes involving illegal entry into the United States, including visa fraud and smuggling.
Crimes Affecting National Security
These involve such crimes as terrorism, threats to national security, espionage, and related offenses.
Crimes Against Federal Agencies or Employees
Any crime against a federal employee or agency is a federal crime.
Cybercrime
This includes crimes like identity theft, hacking, fraud, and other crimes involving the internet, computers, or federal systems, or crimes of a similar nature that cross state lines.
Bank Robbery
If you rob a federally insured financial institution like a bank, you commit a federal crime. If a murder occurs in the commission of such a crime, the murder automatically becomes a federal crime.
If It Involves a Civil Rights Offense
A murder that is motivated by hate or deprives a victim of their civil rights is automatically a federal crime. A crime motivated by hate is generally a hate crime. It can be motivated by bias against a particular person, based on the person’s religion, ethnicity, race, disability, gender, sexual orientation, or gender identity. The prosecution will consider the prejudice the offender has against the victim or the victim’s group to determine whether to file state or federal charges. In most cases, hate crimes involve violence against people, damage to their property, and sometimes murder.
Hate crimes are considered severe mainly because they have a grave impact that affects the affected individuals, their families, the targeted group, and the general community.
If It Is a Part of Terrorism
Terrorism is legally defined as the unlawful use of intimidation or violence, mainly against civilians, for political gains. In itself, terrorism is a federal crime. Therefore, a murder that results from acts of terrorism automatically becomes a federal crime.
If it Involves Interstate Commerce
Any murder involving interstate commerce, including murder-for-hire that crosses state lines, is automatically a federal crime. Federal law prohibits using foreign or interstate facilities for crime, like communication lines and traveling facilities, including roads and air. Thus, if you travel across state lines to commit murder, or use communications like the internet or phone to plan or commit murder, you will face charges in a federal court.
The key elements in such crimes include the following:
- The use of foreign or interstate commerce facilities, including those that cross state lines and international borders, like the internet, phone calls or messages, mail, or traveling across states
- The intent to commit murder or have someone else commit murder
- The prosecutor also needs proof that you offered, received, or intended to offer or receive payment for money or something valuable.
The law is also used against those who conspire to commit murder across state lines or international borders, even if the crime has not been committed.
If It Occurs in Airspace or Maritime
A murder that occurs aboard airplanes or on ships within national waters is a federal crime.
How Prosecutors Charge Federal Murder
If you are suspected of committing a federal murder, you will likely be arrested by federal law enforcement officers. The prosecutor will file either of the following charges, depending on the details of your case:
First-Degree Murder
This is the most serious murder charge under state and federal laws. It applies in cases where you commit murder through premeditation and the intent to take another person’s life. The legal definition of first-degree murder is a willful, deliberate, and premeditated killing of another person. It means that you made prior plans to take another person’s life.
First-degree murder can also apply in cases where you murder while committing another severe felony, like robbery or arson.
A first-degree murder charge requires premeditation, meaning that you prepared for or thought about the murder before committing it. Prior preparedness can even be for a short time. There should also be proof of the intent to kill or take another person’s life. If your initial purpose was to injure the person, the prosecutor will file second-degree murder charges. Additionally, your actions towards the alleged victim must be deliberate or willful, not accidental.
As a federal crime, first-degree murder is punishable by capital punishment, the death penalty, or life imprisonment in a federal prison. In addition to a harsh sentence, life in a federal prison will be difficult.
Second-Degree Murder
This is criminal homicide involving the intentional killing of another person, but without a plan or premeditation. It differs from first-degree murder in that it lacks premeditation, planning, or deliberation. It could also include the killing of another person that results from extreme recklessness or the commission of another felony.
When prosecuting a second-degree charge, the prosecutor must demonstrate the intent to kill a person or inflict severe bodily harm on them. However, there must also be proof that you did not think of or plan for the murder before its commission.
As a federal crime, second-degree murder is punishable by a sentence ranging from 15 years to life in a federal prison. Your actual sentence will depend on the details of your case and your criminal history.
The Difference Between State and Federal Criminal Cases
A state crime violates state laws, while a federal crime violates federal or national laws. This is the main consideration prosecutors make to decide how to file charges against you for murder. A straight felony murder will automatically result in an arrest by federal officers and arraignment in a federal court. You can be arrested for murder by state police, and your case transferred to a federal court once it is realized that the murder is a federal and not a state crime. Generally, most murders are prosecuted in state courts. However, you will face federal charges if they meet the criteria required for federal crimes.
Although the legal definition of murder is similar under both state and federal law, the penalties upon conviction are slightly different. A conviction for murder in a state court will result in less severe penalties than if the conviction occurs in a federal court. Additionally, federal prosecutors have more elements to prove in a federal case to receive a guilty conviction. In addition to the elements of a murder crime provided under the law, the prosecutor must demonstrate that the case violated federal laws. This could be because the victim is a federal officer or a family member, the crime scene is federal property, or the case meets other criteria that make a criminal case a federal case.
Since murder is a state and federal crime, you can face charges in a federal court, a state court, or both. Although legally possible under the dual sovereignty doctrine, prosecutions in both state and federal courts for the same conduct are rare and subject to federal guidelines. This occurs in cases where federal and state courts are deemed separate entities, meaning that each entity can prosecute the case individually without violating the defendant’s constitutional rights or double jeopardy law.
For example, if you commit murder in the commission of a bank robbery, you can face murder charges in a state court and the robbery of a federally insured institution in a federal court. Alternatively, the federal court can take over the case and charge you with murder and robbery. In this case, the murder qualifies as a federal crime since it is committed in the commission of another federal crime. Working closely with a competent criminal attorney to understand your rights and options and develop a solid defense against your charge is essential.
Fighting Federal Murder Charges
A federal murder charge has severe criminal penalties and other consequences that can affect your life for years after the conviction. The penalties include a lengthy prison sentence or the death penalty and a hefty court fine. The lengthy prison sentence will affect most aspects of your life, including your professional and social lives. In addition to losing your job, you could also lose the support of your loved ones. However, you can fight for a favorable outcome in your case during the trial.
You can hire an experienced criminal defense attorney and use the best defense strategies to cause the court to reduce or dismiss your charges. Some of these strategies include the following:
You Acted in Self-Defense
Self-defense is a widely accepted defense strategy in murder cases. It happens if you murder while defending yourself or another person. However, you must use reasonable force when defending yourself against imminent danger for it to work as a defense strategy. In this case, you must demonstrate that although you used reasonable force according to the threat you faced at the time, you took the life of another person.
This is a tricky defense, especially in a murder case. You must demonstrate that you did not premeditate or plan to take the life of the person to avoid a first-degree murder conviction. You must also prove that you feared for your life or another person's life. Additionally, there should be proof that the force you used was reasonable enough for the threat you faced. If you present sufficient evidence of self-defense, the court may dismiss or reduce the charges.
The Murder Was Accidental
Remember that one of the elements of this offense is that you acted willfully or deliberately with the intent to kill a person. The crime becomes accidental if your actions are not willful or deliberate. It could be that you did not even intend to injure the person. However, you must present your defense in a way the court understands to obtain an acquittal.
First, you have to demonstrate that you did not have the intent to kill the person. The incident could have occurred without prior planning or altercation. Then, you can prove that the crime happened while engaging in a lawful activity, like your job, or a recreational activity like swimming or boxing. You must also show the court that your actions were not negligent. If you tried to save the person or called for help immediately after the accident, this can strengthen your defense.
You Can Claim Insanity
With the help of your competent defense attorney, you can claim insanity if you were not in control of your actions due to a mental or emotional problem. This can work if you demonstrate that you did not understand the nature or severity of your actions at the time of the crime. It can also help if you prove that you are incapable of demonstrating right or wrong due to an underlying mental or emotional illness. If the court accepts your defense, the judge can order that you be admitted to a state facility to receive treatment for the underlying problem.
Find Competent Legal Defense Services Near Me
Do you or someone you love face federal murder charges in Los Angeles?
This is more severe than murder charges in a state court, meaning that you will likely receive a heftier sentence upon conviction. The legal processes in a federal court are also more intense and confusing. You need the help of a skilled criminal attorney to understand why your charges have been filed in a federal court, their legal implications, and your rights and options. An attorney will also help you develop a solid defense against the charges for a favorable outcome.
At the LA Criminal Defense Law Firm, we understand how confusing and stressful it can be to face federal charges. We can help you navigate all legal processes, protect your rights, and help you fight for the best possible outcome in your case. Call us at 310-935-1675 to discuss your situation and our services further.
