When committing a crime in North Carolina, the state government has jurisdiction. However, this may not apply to all cases because the federal government has to intervene. To understand why this happens, here are three causes that trigger a federal charge.
Violations of federal law
Most crimes, such as simple assault or local theft, fall under North Carolina’s state statutes. However, your case moves into the federal arena when the alleged offense violates U.S. federal law rather than just state law. Crimes involving explosive devices, tax evasion, health care fraud and aggravated identity theft will likely trigger a federal investigation.
Crimes that occur interstate
If you are involved in an activity that occurs across state or international borders, federal agencies can take over. These can include:
- Drug trafficking or smuggling
- Kidnapping and sex crime
- Illegal logging
- Illegal transport of weapons across state borders
- Interstate communications to defraud victims
These cases often involve complex investigations that require the expertise of the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA).
Crimes within federal property
When a crime occurs on federal property, it transitions from a state charge to a federal charge due to territorial jurisdiction. Even if the location is in North Carolina, you might be within the boundaries of federal land.
For instance, if you attempt to commit murder in Camp Lejeune or the Great Smoky Mountains National Park, the federal government has the right to prosecute because they hold the jurisdictional power over that specific location.
What to do when facing a federal criminal charge
The stakes of a federal indictment differ significantly from state-level charges. The complexity of the rules of evidence and procedure can be overwhelming, and it is a situation you should not attempt to navigate alone. Seeking legal counsel from an experienced federal crime law attorney is the best course of action.