Is Murder a Federal Crime?

When people think of murder they think of it as a state crime. But there are times when murder goes from a state crime to a federal crime. So is murder a federal crime? The answer is yes but only under certain circumstances that trigger federal jurisdiction.

Understanding what qualifies a murder as a federal crime requires some insight into jurisdiction, which determines who holds the authority to prosecute. This article outlines the unique conditions that bring murder under federal law, explains the differences between state and federal charges, and offers guidance on what to do if you or someone you know faces federal murder charges.

• What is Murder in U.S. Law?
  
• First-Degree vs Second-Degree Federal Murder Charges
  
• Jurisdiction: State vs. Federal Crimes
  
• When is Murder a Federal Crime?
  
• Federal Murder Charges vs State Charges
  
• Defenses to Federal Murder Charges
  
• Federal Agencies in Murder Investigations
  
• Penalties for a Federal Murder Conviction
  
• Frequently Asked Questions
  
• Facing a Murder Charge? Contact The Law Office of Rolando Cantu

What is Murder in U.S. Law?

In the United States, murder is defined as the unlawful killing of a human being with “malice aforethought.” This means the intent to kill or cause serious bodily harm or with reckless disregard for human life. The federal code defines murder in 18 U.S.C. §1111 and breaks it down into two main categories: first-degree and second-degree murder.

First-Degree vs Second-Degree  Federal Murder Charges

Under federal law murder is categorized into two degrees:

First Degree

First-degree murder is a killing that is premeditated, deliberate, or committed during the commission of certain serious felonies like kidnapping, robbery, or arson. In other words, it’s planned or executed with forethought. First-degree murder charges can result in life imprisonment or some cases the death penalty.



Second Degree Murder

Second-degree murder doesn’t involve premeditation. This charge applies when someone intentionally kills another person but not beforehand or when someone acts with reckless disregard for human life. Second-degree murder can still get you many years to life in prison depending on federal sentencing guidelines.

Manslaughter: A Related Offense

Manslaughter is another form of unlawful killing. Manslaughter means killing without malice aforethought, often in the heat of passion or criminal negligence. Manslaughter charges are less severe than murder charges because they recognize the lack of intent.

Read more about this here: The Difference Between Voluntary vs Involuntary Manslaughter

Jurisdiction: State vs. Federal Crimes

In the US most crimes including murder are prosecuted at the state level. Each state has its laws defining crimes and penalties. However, federal law comes into play when certain factors go beyond state lines or involve federal interests. Jurisdiction determines whether a case is tried in state or federal court and that’s the foundation of the American legal system.

When is Murder a Federal Crime?

Murder is a federal crime under federal statutes. Here are the circumstances:

1. Killing of Federal Officials

The murder of certain federal officials is a federal offense. This includes elected or appointed officials like the President, Vice President, members of Congress, federal judges and cabinet members. Also, federal law enforcement officers like FBI agents, DEA agents and U.S. Marshals are protected under federal statutes. The killing of these individuals is a federal crime because of national interest.

2. Murders on Federal Property

Crimes committed on federal property are federal crimes. This includes national parks, military bases, federal buildings, and Native American reservations. If a murder occurs on any of these locations it’s a federal crime.

3. Crossing State Lines

If a murder involves crossing state lines federal jurisdiction may apply. For example, if someone kidnaps someone in one state and murders them in another federal authorities can prosecute the case. Transporting a victim or their remains across state lines brings the crime under federal jurisdiction because of interstate commerce regulations.



4. Murders Related to Federal Crimes

Murder committed in the commission of another federal crime can be federal. Examples:

• Bank Robberies: If a murder occurs during a bank robbery which is federally regulated federal charges may apply.
• Drug Trafficking: Murders related to large-scale drug operations can be federal crimes because of the interstate and international nature of drug trafficking.
• Human Trafficking and Sexual Exploitation: Federal laws cover human trafficking and the sexual exploitation of minors. Murders related to these activities can be federal.

5. Murders Involving Interstate Commerce

Crimes that affect interstate commerce significantly can be federal crimes. For example, murdering a truck driver transporting goods between states may be federal because it affects interstate trade.

6. Terrorism and Hate Crimes

Murders that are part of terrorist activities or hate crimes can be federal. The federal government is interested in crimes threatening national security or civil rights. This includes crimes motivated by race, religion, nationality, or other protected characteristics.

7. Murders on the High Seas

Under maritime law murders that occur on ships within U.S. territorial waters or on vessels engaged in interstate or international commerce are federal crimes. The federal government regulates maritime activities so crimes at sea are often federal.

Federal Murder Charges vs State Charges

Facing federal murder charges is different from being charged at the state level. Federal cases often involve:



• Harsher Penalties: Federal sentencing guidelines are more severe, including the death penalty or life without parole.
• Different Rules: Federal courts have different rules than state courts. The pace, discovery and trial procedures are different.
• More Resources: The federal government has more resources to investigate and prosecute crimes so the cases against defendants are often more robust.

Defenses to Federal Murder Charges

Facing federal murder charges requires a strong defense. Common defenses include:

• Self-Defense: Arguing the defendant acted to protect themselves from imminent harm.
• Lack of Intent: Showing the killing was accidental and lacked malice aforethought.
• Insanity Defense: Claiming the defendant was legally insane at the time of the crime and couldn’t have understood their actions.
• Mistaken Identity: Providing evidence that the defendant did not commit the crime.



An experienced criminal defense attorney can handle the complexities of federal law to build your defense.

Federal Agencies in Murder Investigations

Federal agencies like the FBI, DEA, and ATF are often involved in federal murder cases. They ensure cases that cross state lines or involve federal interests are fully investigated. They have the resources and expertise that can make a big difference in the outcome of a case.

Penalties for a Federal Murder Conviction

A federal murder conviction means:

• Death Penalty: The death penalty is a possible sentence for first-degree murder under federal law.
• Life Imprisonment: Defendants can get life in federal prison without parole.
• Long-Term Incarceration: Even second-degree murder can mean decades in prison.
• Loss of Rights: Convicted individuals lose certain civil rights including the right to vote and own a firearm.
• Reputation Damage: A federal conviction has a big social stigma that can impact personal and professional relationships.



Given the consequences of federal murder cases, legal representation matters. Defendants need lawyers familiar with federal law who know the federal courts and can poke holes in the prosecution’s case.

Frequently Asked Questions

Facing a Murder Charge? Contact The Law Office of Rolando Cantu

Knowing when murder is a federal crime is important for those involved or affected by these cases. The intersection of state and federal law is a complicated legal landscape that requires careful navigation.

Get help now if you or a loved one is facing federal murder charges. The Law Office of Rolando Cantu is a federal criminal defense lawyer in McAllen TX that can guide you through the complexities of federal cases. We will fight for your rights and defend you.

Call today and talk to experienced criminal defense attorneys who know state and federal law. We’ll be with you every step of the way.