How Can Murder Become a Federal Crime?

There are several ways through which murder can become a federal crime. This is when the offense is:

• The killing of a family member from a federal law enforcement official
• The killing of a federal law enforcement official or a federal judge
• The killing of an appointed federal official
• A murder that has been committed during a bank robbery
• A murder aboard a ship
• A killing that is designed to influence a court case
• A murder that has been committed on a federal property

It is also noteworthy that a defendant has a right to raise a legal defense team to help challenge the federal murder case. In such a situation, there are three common defenses: 1. Self-defense 2. Coerced confessions 3. Accidental killing The final determination on whether a murder charge is brought under the state court or the federal court is whether the crime that has been violated is either a federal murder or a state murder law.

Various Ways Through Which a Murder can be Charged as a Federal Crime

Murder is usually charged as a federal crime if and only if the acts break the federal law. In particular, there are seven scenarios where a murder case can be charged under federal law:

1. Killing a Federal Law Enforcement Official or Federal Judge

The killing involves a federal law enforcement official or a federal judge. This violates the 18 U.S.C. section 1114. A good example of a federal law enforcement official may include an agent of the F.B.I., A.T.F., or T.S.A.

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Legal Scenario: What Would You Do?

Scenario

Your brother got into a fatal altercation with another man during a bank robbery in which he was a reluctant participant. Federal prosecutors are now pursuing murder charges under federal jurisdiction, and your brother insists he never intended to kill anyone.

How can a murder that happened during a bank robbery become a federal crime, and does it matter that my brother didn't intend to kill?

Attorney's Answer

Under 18 U.S.C. § 2113(e), any killing that occurs during the commission of a federal bank robbery carries potential federal murder charges, regardless of whether the death was intentional. The felony murder rule applies in federal cases, meaning that if a death results during the commission of a qualifying federal felony like bank robbery, all participants can be charged with murder — even if they didn't pull the trigger. Federal murder convictions under this statute can carry life imprisonment or even the death penalty. Your brother needs an experienced federal criminal defense attorney immediately to evaluate possible defenses, including duress or lack of willful participation in the underlying robbery.

This is general information only. Contact us for advice specific to your situation.

2. Killing a Family Member of a Federal Law Enforcement Official

The murder involves a family member of a federal law enforcement agent. This is a law that protects their family members from threats made against these enforcement officers. It will protect them from discrimination. Some of these murders are done to stop an official from doing an investigation.

3. Killing an Appointed or Elected Federal Official