It is usually ambiguous whether the state or the federal government will pursue a crime. Because of the complexity of our legal system, it might be difficult to determine which law should be used in a certain situation. In California, marijuana use is one obvious example. Despite being legal in California for both medical and recreational purposes, marijuana continues to be a forbidden substance under federal law. It could be challenging to determine which laws will apply as a result.
Under California law, the state often prosecutes murder as a felony. However, there are a number of situations in which the federal government may charge a citizen of California with murder. The outcome depends on whether the crime was carried out in violation of state or federal law, claims a murder defense attorney. If you have questions or need help from a federal defense attorney, contact Chambers Law Firm at 714-760-4088.
Federal murder charges examples
If a murderer violates a federal law, they may be prosecuted with a federal offense. This might happen in a number of ways, such as whenever a person is killed during a bank robbery, a murder done with the intent to have a legal matter resolved favorably, any murder that occurs on government property, such as in national parks or on reservations used by Native Americans
Other instances that could lead to federal charges include an assassination of a federal judge or law enforcement officer, the murder of an immediate family member of a federal law enforcement official, the murder of a government representative (elected or appointed), or an assassination aboard a ship.
An individual will face federal felony charges, for example, if they murder the wife of an FBI agent. This statute was enacted to stop anyone from threatening to harm federal law enforcement officials’ families in an effort to persuade them to halt an investigation or take another action. Similar to the above, if a witness is murdered during a court proceeding, the federal government may file charges as a federal crime because the murder was done with the intention of influencing the outcome of the case.
State law is superseded by federal law
It’s important to note that murder of any kind is prohibited in California. In exceptional cases, the assassination can also be against the law according to federal law. The murder case will be pursued as a federal prosecution rather than a state one if federal law has been committed.
A murder defense attorney can argue that if a killing breaks both state and federal law, the same act can be prosecuted in both federal and state court. Being charged with the same offense twice is not considered double jeopardy since the state and federal governments have separate sovereigns. In other words, a person is not being tried twice by the same government since two different governments are prosecuting the crime.
Alternatives for fighting federal murder accusations
Although they could be modified for the specific federal conduct, defenses against a federal murder charge are the same as those against a state murder accusation. A murder defense attorney can contend that there was no intention to influence the outcome of the case, for instance, if someone kills a witness during a court proceeding (i.e., there was another motive).
If the defense is successful, the federal government could drop the charge, but the state will virtually surely keep pursuing a murder case. This kind of accusation may be defended against on the grounds of self-defense, lack of intent, or accident. Call Chambers Law Firm at 714-760-4088 to get a free legal consultation if you are facing state or federal murder accusations right now.
