NYC Federal Criminal Defense Lawyer

Federal charges work differently from New York state cases. The government has more resources, different rules apply, and sentences are longer.

Federal investigations run for months before charges appear. The FBI, DEA, or IRS build cases through surveillance, financial records, and witness statements. When charges come, prosecutors have gathered solid evidence.

New York federal courts have high conviction rates. While State court judges have more discretion when determining sentences. Federal judges must apply federal sentencing guidelines, which often include mandatory minimums.

The federal court has its own procedures. Strategies that work in state court may not apply to federal defense work, which is why your attorney’s background matters. Experience as a federal prosecutor provides insight into how the government builds cases and helps spot weaknesses in its approach. Contact us today for a free consultation.

Federal Criminal Charges We Can Help With

Criminal convictions can involve many charges. Here are just some of the cases our law firm can assist with:

Conspiracy

A conspiracy takes place when two or more individuals decide to commit an offense against the United States and take some overt act toward its completion. Unlike other crimes, conspiracy does not require that the planned crime be carried out—only that there is an agreement and at least one act in furtherance of the illegal objective.

Penalties

The penalties for conspiracy depend on the underlying offense. In many cases, the punishment matches that of the crime being conspired. For example:

General Conspiracy (18 U.S.C. § 371): Up to 5 years in prison and fines.

Drug Conspiracy (21 U.S.C. § 846): Penalties can match those for drug trafficking, including lengthy prison terms.

Racketeering Conspiracy (18 U.S.C. § 1962): Up to 20 years or more if connected to serious crimes like murder.

Possible Defenses

Lack of Agreement: No agreement was made to commit the crime.

Withdrawal: The defendant broke away from the conspiracy before any overt act was taken.

Entrapment: Law enforcement induced the individual to participate.

No Overt Act (where required): If a conspiracy statute requires proof of an overt act and none occurred, this may serve as a defense.

Federal Drug Offenses

Federal drug charges involve violations of U.S. drug laws, primarily under the Controlled Substances Act (21 U.S.C. §§ 841, 846, 952, etc.). These charges are typically prosecuted by the Drug Enforcement Administration (DEA) and federal courts, often carrying severe penalties, especially for trafficking operations.

Common Federal Drug Offenses:

1. Drug Trafficking (21 U.S.C. § 841): Possessing, distributing, or manufacturing controlled substances with intent to distribute.
2. Drug Conspiracy (21 U.S.C. § 846): Agreement between two or more people to commit a drug-related crime.
3. Importation and Exportation (21 U.S.C. § 952): Smuggling drugs across U.S. borders.
4. Drug Manufacturing (21 U.S.C. § 841(a)): Cultivating or producing controlled substances.

Penalties

Penalties depend on drug type, quantity, prior convictions, and aggravating factors ( involving minors, near schools, violence). Common sentencing guidelines include:

Simple Possession (21 U.S.C. § 844): Up to 1 year in prison and fines for a first offense.

Trafficking (21 U.S.C. § 841(b)):

• Marijuana:
  Possession with intent to distribute over 2,200 pounds or more than 1,000 plants carries a mandatory minimum of 10 years, and up to life in prison, especially if aggravating factors are present or prior drug felonies exist.
• Cocaine / Heroin / Methamphetamine:
  • Cocaine: Distributing 11 pounds or more triggers a 10-year to life sentence.
  • Heroin: Distributing 2.2 pounds or more triggers the same 10-year to life range.
  • Methamphetamine: Trafficking 1.76 ounces (pure) or 1.1 pounds (mixture) carries a 10-year minimum, up to life. Enhancements apply for serious bodily injury, death, or prior convictions.
• Fentanyl:
  Trafficking 1.4 ounces or more carries a 5-year mandatory minimum. 3.5 ounces or more increases the mandatory minimum to 10 years.  Higher quantities or aggravating factors (death resulting) can lead to life sentences.

Firearms Offenses

Federal firearms offenses can include illegal possession, sale, manufacturing, or trafficking of firearms. These charges often include mandatory minimum sentences.

Penalties

The penalties for federal firearms offenses vary based on the specific charge:

Illegal Possession: Up to 10 years in prison.

Sale or Distribution: Up to 10 years in prison.

Manufacturing or Trafficking: Up to 10 years in prison for a first offense; subsequent offenses may carry mandatory minimum sentences.

Possible Defenses

Unlawful Search and Seizure: If law enforcement violated your Fourth Amendment rights during the search, any evidence obtained may be suppressed.

Lack of Knowledge or Intent: If you were unaware that you were in possession of a firearm or had no intent to sell or distribute it.

White-Collar Crimes

White-collar crimes refer to non-violent offenses typically committed in commercial or business environments for financial gain. These can include fraud, embezzlement, insider trading, and more.

Penalties

The penalties for white-collar crimes depend on the type and extent of the crime:

Fraud: Penalties can include fines to imprisonment for up to 20 years, or both.

Embezzlement: Penalties can include imprisonment for up to 10 years, fines, or both.

Possible Defenses

Lack of Intent: You did not intend to commit a crime or defraud anyone.

Insufficient Evidence: The prosecution cannot prove beyond a reasonable doubt that you committed the crime.

Kidnapping & Human Trafficking

Under federal law, kidnapping (18 U.S.C. § 1201) involves unlawfully seizing, confining, or transporting a person against their will across state or national borders or within special federal jurisdiction.

Human trafficking (22 U.S.C. § 7102, 18 U.S.C. §§ 1581-1597) refers to exploiting individuals through force, coercion for labor, fraud, services, or unlawful sex. In cases of child sex trafficking, coercion is not required to prove that a crime occurred.

Penalties

Kidnapping (18 U.S.C. § 1201):

• Up to 20 years to life in prison.
• If the victim is under 18 and the perpetrator is not a parent/guardian, a mandatory minimum of 20 years applies.
• If the victim dies, the penalty can include life imprisonment or the death penalty.

Human Trafficking (18 U.S.C. §§ 1589-1591):

• Forced labor or adult sex trafficking: 15 years to life imprisonment.
• Sex trafficking of minors under 18:
  • If force, fraud, or coercion is involved, or the victim is under 14, a mandatory life sentence.
  • If the victim is 14–17 years old, without coercion: 10 to life in prison.

Possible Defenses

Mistaken Identity: You were incorrectly identified as the perpetrator.

Insufficient Evidence: The prosecution cannot prove beyond a reasonable doubt that you committed the crime.

Immigration Offenses

Federal immigration offenses can include illegal entry, re-entry after deportation, smuggling aliens, and more.

Penalties

The penalties for immigration offenses vary based on the specific charge:

Illegal Entry (8 U.S.C. § 1325): A first offense for illegal entry is generally treated as a misdemeanor, punishable by up to 6 months in jail. Repeated offenses may result in harsher penalties—up to 2 years in prison—even though they remain misdemeanors under federal law.

Re-entry After Deportation (8 U.S.C. § 1326):

• Up to 2 years for a standard offense.
• Up to 10 years if previously deported after a felony conviction.
• Up to 20 years if previously deported after an aggravated felony (e.g., drug trafficking, violent crimes).

Smuggling and Harboring (8 U.S.C. § 1324):

• Smuggling or harboring undocumented individuals can result in up to 5 years per offense. Penalties increase to up to 10 years if the conduct involves profit, minors, or creates a substantial risk of harm. If a migrant dies as a result, the penalty can rise to life in prison.

Possible Defenses

Improper Procedure:  If immigration authorities violate due process or fail to follow required legal procedures during arrest or deportation, this may be grounds to challenge the case or suppress certain evidence.

Asylum or Refugee Status: Asylum or refugee status may serve as a defense if the individual can prove fear of persecution or body harm based on race, religion, political opinion, nationality, or membership in a particular social group. However, asylum is not a defense for certain immigration-related criminal offenses, such as alien smuggling.

Mistaken Identity: You were incorrectly identified as the perpetrator.

Racketeering

Racketeering refers to an enterprise operating in a pattern of illegal activity. Under the Racketeer Influenced and Corrupt Organizations Act (RICO) (18 U.S.C. §§ 1961-1968).

An enterprise can be a criminal organization, a business, a labor union, or even a government entity involved in illegal activities such as fraud, extortion, money laundering, drug trafficking, bribery, and more. To qualify under RICO, the government must prove at least two related predicate offenses within a 10-year period.

Penalties

The penalties for racketeering can be severe:

Under RICO: Up to 20 years in prison per racketeering count. If the racketeering activity results in death, the penalty can be life imprisonment.

Fines: Up to $250,000 or twice the amount of the illicit profits gained from the racketeering activity.

Possible Defenses

Lack of Evidence: RICO charges can be challenged if the government lacks sufficient evidence of a pattern of racketeering activity or if the alleged acts do not qualify as predicate offenses under the statute.

Terrorism

Under federal law, terrorism charges apply to acts that are dangerous to human life, violate state or federal law, and are intended to intimidate a civilian population, influence government policy, or disrupt government conduct.

Domestic Terrorism (18 U.S.C. § 2331(5)): includes acts that occur primarily within the United States and are intended to intimidate or coerce civilians or government entities.

International Terrorism (18 U.S.C. § 2331(1)): Acts that transcend national borders or involve foreign terrorist organizations.

Material Support for Terrorism (18 U.S.C. §§ 2339A & 2339B): Providing funding, training, or assistance to terrorist organizations or individuals engaging in terrorism.

Penalties

Penalties for terrorism-related crimes vary based on the nature of the act:

Acts of Domestic Terrorism: Sentenced under specific criminal offenses (bombing, assassinations, mass destruction) and can result in life imprisonment.

Acts of International Terrorism:

• If death results, the penalty might include life imprisonment or the death penalty (18 U.S.C. § 2332a).
• Providing Material Support to Terrorists (18 U.S.C. §§ 2339A, 2339B): Can result in up to 20 years in prison per offense or life imprisonment if the support leads to death.

Possible Defenses

Mistaken Identity: You were incorrectly identified as the perpetrator.

Insufficient Evidence: The prosecution cannot prove beyond a reasonable doubt that you committed the crime.

Why Choose Our Federal Criminal Defense Attorneys

When facing federal charges, you need federal criminal defense attorneys who know the nuances and procedures federal prosecutors will try to use against you. Here are a few reasons to choose The Law Offices of Mehdi Essmidi:

Experience: Our lead attorney, Mehdi Essmidi, is a former NYC prosecutor with years of experience in the courtroom. He knows how prosecutors think and can anticipate their strategies, giving you an edge in your defense.

Personal Attention: Unlike larger firms where your case may be handed off to a junior attorney or paralegal, at our firm, you’ll work directly with Attorney Essmidi. He personally covers every aspect of your case from start to finish.

Aggressive Defense: We believe in fighting for our clients. We challenge every piece of evidence, question every witness, and explore every possible defense strategy to protect your rights and fight for the best possible outcome for your case.

Prosecutions in NY Federal Court

Federal crimes in New York are prosecuted in federal courts, which follow the procedures established by the Federal Rules of Criminal Procedure and federal statutes. Here’s a step-by-step breakdown of how federal crimes are prosecuted in New York’s federal courts:

1. Investigation

• Federal agencies such as the DEA, FBI, ATF, IRS, Secret Service, or Homeland Security Investigations (HSI) investigate federal crimes.
• Grand jury subpoenas, search warrants, wiretaps, and surveillance may be used.
• The U.S. Attorney’s Office for the Southern District of New York (SDNY), Eastern District of New York (EDNY), Northern District of New York (NDNY), or Western District of New York (WDNY) oversee the prosecution.

2. Arrest & Complaint

• Federal agents may arrest the suspect and file a criminal complaint before a judge. Alternatively, prosecutors may present evidence to a grand jury for an indictment.

3. Initial Appearance & Bail Hearing

• The defendant appears before a judge within 24–48 hours.
• The judge determines if the defendant should be released on bail, released with conditions (GPS monitoring), or held in federal custody.

4. Indictment by Grand Jury

• A grand jury decides if there is probable cause to charge the suspect.

5. Arraignment

• The defendant is charged in court and enters a plea agreement (guilty or not guilty).
• If the accused pleads guilty, the case moves on to sentencing.
• If the accused pleads not guilty, the case moves to pre-trial motions.

6. Discovery & Pre-Trial Motions

• Prosecutors share evidence with defense attorneys.
• The defense may file motions to suppress evidence (if obtained unlawfully), dismiss charges (if evidence is insufficient), change venue, or other legal arguments.

7. Plea Bargaining (Optional)

• Many federal cases are resolved through plea deals to avoid trial.
• The defendant may plead guilty in exchange for reduced charges, lighter sentencing, or testimony against co-defendants.

8. Trial (If No Plea Deal)

• The trial takes place before a federal judge and jury (12 jurors). The prosecution must prove guilt beyond a reasonable doubt. The jury must return a unanimous verdict to convict.

9. Sentencing

• If convicted, the sentence based on federal Sentencing Guidelines, the severity of the crime, criminal history, and any cooperation with authorities.

A criminal defense attorney could make all the difference in these cases. Help study the best alternatives moving forward, and help you gather all the evidence to be used in your defense.

Contact Us For A Free Consultation

Time is of the essence in federal cases. The sooner you hire legal support, the better your chances of building a strong defense. NYC federal criminal defense lawyer Mehdi Essmidi is here to help you in this tough time and work towards the best possible solution for your case.

Whether you have been arrested or charged with a federal crime in New York City, it is important to have federal criminal lawyers on your side, especially a former prosecutor who knows how the other side thinks and the strategies they’ll use. Contact us today for a free consultation.

Frequently Asked Questions

What should I do if I’m under federal criminal investigation?

If you believe you are under a federal criminal investigation, consult an experienced federal criminal defense lawyer immediately. Federal agencies such as the FBI, DEA, and IRS run specialized investigations before filing federal charges. Additionally, speaking to investigators without legal representation can jeopardize your case. A federal criminal defense attorney can help you understand your rights, evaluate potential defenses, and manage interactions with federal prosecutors.

What are the potential penalties for a federal offense?

Penalties for federal offenses vary based on the crime, the defendant’s criminal history, and federal sentencing guidelines. Common penalties include:

• Prison time – Many federal crimes carry long sentences, often served in federal prison.
• Fines and restitution – The accused may be required to pay fines or compensate victims.
• Collateral consequences – A federal conviction can impact professional licenses, immigration status, and future employment.

Sentencing in federal criminal cases is determined by a federal judge, based on advisory guidelines. However, certain offenses, like drug trafficking, may carry mandatory minimum sentences.

How do federal search warrants work?

A search warrant in a federal investigation allows federal law enforcement agencies to search a person’s home, business, or electronic records for evidence of a crime. These warrants must be issued by a federal judge or federal magistrate judge based on probable cause. If agents from agencies like the FBI or Homeland Security execute a search warrant at your home or office, it is essential to remain calm, avoid making statements without a defense attorney present, and seek legal guidance immediately.

Should I hire a federal criminal defense lawyer if I haven’t been charged yet?

Yes, hiring a federal criminal defense attorney early, especially during the federal investigation, can impact the results of a federal case. A lawyer may intervene before federal charges are filed, negotiate with federal law enforcement, and protect your legal interests. Waiting until charges are formally brought can limit your options for defense.

Are all federal crimes investigated by the FBI?

While the Federal Bureau of Investigation is responsible for investigating a number of federal crimes, other federal agencies play a role in different types of offenses. For example, the Drug Enforcement Administration (DEA) focuses on drug-related crimes, the Internal Revenue Service (IRS) investigates tax fraud, and the Securities and Exchange Commission (SEC) handles securities fraud cases.

Federal criminal investigations are typically overseen by the U.S. Attorney’s Office, which coordinates with federal agents to ensure comprehensive enforcement of federal laws.