Federal Crimes - Including 924(c)
Federal crimes are created by federal statute and prosecuted by the United States Attorney's office. Our list of federal crimes does not include regulatory violations, which are a separate issue and not discussed here. Many of these federal offenses duplicate state crimes. It is possible to be prosecuted in both state and federal court for the same crime. The Double Jeopardy rule does not apply.
What Federal Agencies Investigate Crimes?
Criminal investigations are generally conducted by the following federal agencies:
1. Federal Bureau of Investigation
2. Drug Enforcement Administration
3. Customs and Border Protection
4. Immigration and Customs Enforcement
5. Internal Revenue Service
6. Postal Service
Where Can I find a List of Federal Crimes?
Most federal crimes can be found in Title 18 and Title 26 of the United States Code.
What are the Federal Crimes?
Clarifacts.com has generously combed through the United States Code and listed the following as federal crimes.
Abusive Sexual Contact
Advocating Overthrow of Government
Aggravated Assault/Battery
Aggravated Identity Theft
Aggravated Sexual Abuse
Aiming a Laser Pointer at an Aircraft
Airplane Hijacking
Anti-racketeering
Antitrust
Armed Robbery
Arson
Assassination
Assault with a Deadly Weapon
Assaulting or Killing Federal Officer
Assisting or Instigating Escape
Attempt to commit Murder/Manslaughter
Bank Burglary
Bankruptcy Fraud/Embezzlement
Bank Larceny
Bank Robbery
Blackmail
Bombing Matters
Bond Default
Breaking and/or Entering Carrier Facilities
Bribery Crimes
Certification of Checks (Fraud)
Child Abuse
Child Exploitation
Child Pornography
Computer Crimes
Coercion
Commodities Price Fixing
Concealing Escaped Prisoner
Concealing Person from Arrest
Concealment of Assets
Conspiracy (in matters under FBI jurisdiction)
Conspiracy to Impede or Injure an Officer
Contempt of Court
Continuing Criminal Enterprise
Conveying False Information
Copyright Matters
Counterfeiting
Counterintelligence Crimes
Credit/Debit Card Fraud
Crime Aboard Aircraft
Crimes on Government Reservations
Crimes on Indian Reservations
Criminal Contempt of Court
Criminal Forfeiture
Criminal Infringement of a Copyright
Cyber Crimes
Damage to Religious Property
Delivery to Consignee
Demands Against the U.S.
Destruction of Aircraft or Motor Vehicles Used in Foreign Commerce
Destruction of an Energy Facility
Destruction of Property to Prevent Seizure
Destruction of Records in Federal Investigations and Bankruptcy
Destruction of Corporate Audit Records
Destruction of Veterans’ Memorials
Detention of Armed Vessel
Disclosure of Confidential Information
Domestic Security
Domestic Terrorism
Domestic Violence
Drive-by Shooting
Drug Abuse Violations
Drug Smuggling
Drug Trafficking
DUI/DWI on Federal Property
Economic Espionage
Election Law Crimes
Embezzlement
Embezzlement Against Estate
Entering Train to Commit Crime
Enlistment to Serve Against the U.S.
Environmental Scheme Crimes
Escaping Custody/Escaped Federal Prisoners
Examiner Performing Other Services
Exportation of Drugs
Extortion
Failure to Appear on Felony Offense
Failure to Pay Legal Child Support Obligations
False Bail
False Pretenses
False Statements Relating to Health Care Matters
Falsely Claiming Citizenship
False Declarations before Grand Jury or Court
False Entries in Records of Interstate Carriers
False Information and Hoaxes
False Statement to Obtain Unemployment Compensation
Federal Aviation Act
Federal Civil Rights Violations (hate crimes, police misconduct)
Female Genital Mutilation
Financial Transactions with Foreign Government
First Degree Murder
Flight to Avoid Prosecution or Giving Testimony
Forced Labor
Forcible Rape
Forgery
Fraud Activity in Connection with Electronic Mail
Fraud Against the Government
Genocide
Hacking Crimes
Harboring Terrorists
Harming Animals Used in Law Enforcement
Hate Crime Acts
Homicide
Hostage Taking
Identity Theft
Illegal Possession of Firearms
Immigration Offenses
Impersonator Making Arrest or Search
Importation of Drugs
Influencing Juror by Writing
Injuring Officer
Insider Trading Crimes
Insurance Fraud
Interference with the Operation of a Satellite
International Parental Kidnapping
International Terrorism
Interstate Domestic Violence
Interstate Violation of Protection Order
Larceny
Lobbying with Appropriated Moneys
Mailing Threatening Communications
Major Fraud Against the U.S.
Manslaughter
Medical/Health Care Fraud
Missile Systems Designed to Destroy Aircraft
Misuse of Passport
Misuse of Visas, Permits, or Other Documents
Molestation
Money Laundering
Motor Vehicle Theft
Murder by a Federal Prisoner
Murder Committed During Drug-related Drive-by Shooting
Murder Committed in Federal Government Facility
Narcotics Violations
Obstructing Examination of Financial Institution
Obstruction of Court Orders
Obstruction of Federal Audit
Obstruction of Justice
Obstruction of Criminal Investigations
Officer Failing to Make Reports
Partial Birth Abortion
Penalties for Neglect or Refusal to Answer Subpoena
Peonage
Perjury
Picketing or Parading
Pirating
Possession by Restricted Persons
Possession of False Papers to Defraud the U.S.
Possession of Narcotics
Possession of Child Pornography
Private Correspondence with Foreign Government
Probation Violation
Product Tampering
Prohibition of Illegal Gambling Businesses
Prostitution
Protection of Foreign Officials
Public Corruption Crimes
Racketeering
Radiological Dispersal Devices
Ransom Money
Rape
Receiving the Proceeds of Extortion
Recording or Listening to Grand or Petit Juries While Deliberating
Reentry of an Alien Removed on National Security Grounds
Registration of Certain Organizations
Reproduction of Citizenship Papers
Resistance to Extradition Agent
Rescue of Seized Property
Retaliating Against a Federal Judge by False Claim or Slander of Title
Retaliating Against a Witness, Victim, or an Informant
Robbery
Robberies and Burglaries Involving Controlled Substances
Sabotage
Sale of Citizenship Papers
Sale of Stolen Vehicles
Searches Without Warrant
Second Degree Murder
Serial Murders
Sexual Abuse
Sexual Abuse of a Minor
Sexual Assault
Sexual Battery
Sexual Conduct with a Minor
Sexual Exploitation
Sex Trafficking
Shoplifting
Smuggling
Solicitation to Commit a Crime of Violence
Stalking (In Violation of Restraining Order)
Stolen Property; Buying, Receiving, or Possessing
Subornation of Perjury
Suits Against Government Officials
Tampering with a Witness, Victim, or Informant
Tampering with Consumer Products
Tampering with Vessels
Theft of Trade Secrets
Torture
Trafficking in Counterfeit Goods or Services
Transmission of Wagering Information (Gambling)
Transportation into State Prohibiting Sale
Transportation of Slaves from U.S.
Transportation of Stolen Vehicles
Transportation of Terrorists
Trespassing
Treason
Unauthorized Removal of Classified Documents
Use of Fire or Explosives to Destroy Property
Use of Weapons of Mass Destruction
Vandalism
Video Voyeurism
Violation of Prohibitions Governing Atomic Weapons
Violence at International Airports
Violent Crimes in Aid of Racketeering Activity
Willful Wrecking of a Train Resulting in Death
Wire Fraud
924(c) - The 1st Crime Charged Against Cole Tomas Allen
A recently publicized crime is 18 U.S.C. § 924(c) which criminalizes the use or carrying of a firearm during and in relation to a crime of violence or drug trafficking crime, or the possession of a firearm in furtherance of those crimes. The federal version of using a gun during the commission of the crime (18 USC 924(c)) carries penalties which are in general far more serious than state crimes that have the identical conduct. The United States Sentencing Commission indicates that this crime is generally charged against (committed by?) men. It says that " 95.7% of section 924(c) individuals were men." In the recent incident in Washington DC the person actually fired the gun in his possession but if he merely held a gun while rushing toward the ballroom - was this a use of the gun sufficient to constitute a 924(c) violation?
The fist element of this crime is that the gun is possessed in connection with a separate crime and that separate crime has to be a "crime of violence". Predicate crimes of violence for § 924(c) charges must have violence as a necessary element under § 924(c)(3)(A). See United States v. Davis, 588 U.S. 445, 448 (2019) (Link is to an excellent Wikipedia discussion of the case)
People ask "Is punishment under 924(c) added to the punishment for the underlying crime?" The answer is "Yes". The statute requires this penalty to run separate from the "crime of violence". So the person serves both terms completely/separately. There is an excelllent and very detailed article on sentencing under 924(c) titled Sentencing Discretion at Gunpoint: How to Think about Convictions Underlying § 924(c) Mandatory Minimums Molly Booth. It is worth reading (or skimming!)
To violate the use of a firearm statute here is the definition of use taken from the 7th Circuit jury instruction. “Use” means the active employment of a firearm. The term is not limited to use as a weapon, and includes brandishing, displaying, bartering, striking with, firing, and attempting to fire a firearm. A defendant's reference to a firearm calculated to bring about a change in the circumstances of the offense constitutes “use” during and in relation to a crime. However, mere possession or storage of a firearm, at or near the site of the crime, drug proceeds or paraphernalia is not enough to constitute use of that firearm.
A 18 U.S.C. § 924(c) violation involves using, carrying, or possessing a firearm during a federal crime of violence or drug trafficking, with penalties starting at a 5-year mandatory minimum, consecutive to the underlying crime. Penalties increase for brandishing (7+ years) or discharging (10+ years) the firearm, and for using specialized weapons like machine guns (30+ years). The US sentencing commission has outlined the actual sentences imposed saying that:
- The average sentence for all section 924(c) individuals was 150 months.
- 83 months for individuals convicted only under section 924(c).
- 146 months for individuals also convicted of an offense not carrying a mandatory minimum.
- 195 months for individuals determined to be career offenders.
Families against Mandatory Minimums has an excellent webpage with a great chart showing the minimum sentence and a type of crime where they think the minimum is excessive. Read Here
Can a 924(c) Conviction Be Reduced?
There are very few ways out of these mandatory sentences For long time convictions release under the compassionate release provision of 18 U.S.C. § 3582(c)(1)(A)(i), as amended by the First Step Act of 2018 is possible. This provision offers a limited exception to the general rule that the Court may not modify or reduce the length of a sentence after the Court has imposed it. See 18 U.S.C. § 3582(c); see also United States v. Penna, 319 F.3d 509, 511 (9th Cir. 2003) (explaining that generally a court cannot modify a sentence after it has imposed it). “It allows the sentencing judge to reduce a sentence based on ‘extraordinary and compelling reasons’ after the defendant has asked the [Bureau of Prisons (“BOP”)] to bring such a motion on her behalf and exhausted all administrative rights to appeal the BOP's denial of that request.” United States v. Mogavero, Case No. 2:15-cr-74-JAD-NJK, 2020 WL 1853754, at *2 (D. Nev. Apr. 13, 2020) (citing 18 U.S.C. § 3582(c)(1)(A)(i)). However these mandatory sentence and the federal sentencing guidelines do not allow modification for most other reasons and the range of possible sentences is quite generic as determined by the Sentencing Commission.
What Constitutes "USE" under 924(c)
If you look at this statute outside the recent correspondent's / Allen situation the concept of 924(c) gets very complicated. Use notes (Committee Comments) to the 7th Circuit instruction notes that In Smith v. United States, 508 U.S. 223, 241 (1993), the Supreme Court held that a person who trades a gun for drugs “uses” it during and in relation to a drug trafficking offense for purposes of § 924(c)(1). But a person who trades drugs for a gun does not “use” the gun within the meaning of § 924(c)(1)(A). Watson v. United States, 552 U.S. 74, 83 (2007). Where the defendant displayed a firearm by placing it on the couch next to him as he was cutting cocaine, he “used” the firearm within the meaning of § 924(c). Buggs v. United States, 153 F.3d 439, 444 (7th Cir. 1998).
With penalties so high, the concept of "use" is the battleground for this statute. In a case such as the Allen 924(c) charges in the news today the legal issues are almost non-existent at least on the surface. You can watch how the defense handles the "use" concept - can "use" be limited to the conduct that actually took place? Can "use" be included in any charges that include the LONG TERM (final) intent of Mr. Allen? Stay tuned.
Daniel Horowitz is a trial lawyer. He has gone to trial on medical fraud, MS-13 violent crime cases and defending Pavel Lazarenko the Prime Minister of Ukraine. He defends healthcare fraud-related and drug, RICO and other large-scale enterprise-based offenses. If you are under investigation by a federal entity or charged with a crime in the United States District Court, Daniel Horowitz and the attorneys at Lawyers in Lafayette can provide you with the best federal defense. Our main office is Contra Costa County, California, but our federal work spans the United States and has taken us to courtrooms throughout the world including Israel, Cyprus, The Netherlands and Ukraine.
