What is Interstate Commerce in Federal Criminal Charges?

There are various circumstances under which a person may face federal criminal charges. Most often, however, federal criminal charges — and especially federal white-collar offenses that include various forms of fraud — will involve something known as “interstate commerce.” This is a term that has significance within and beyond federal criminal law, but it is a term that is often misunderstood. As an element of certain types of federal criminal charges, what does interstate commerce actually mean?

Our Tampa federal criminal defense lawyer at the Law Offices of Daniel J. Fernandez, P.A. can tell you more about interstate commerce and its relevance to federal criminal charges.

Defining “Interstate Commerce”

The term “interstate commerce” comes from the US Constitution — specifically from Article I, Section 8, Clause 3. Under this specific section, known as the “Commerce Clause,” Congress has been given broad power “to regulate commerce among the several states.” There have been a number of US Supreme Court Cases that have interpreted the terms “regulate” and “commerce,” ultimately creating the jurisprudence relevant to the federal power and interstate commerce.

In short, “interstate commerce” means any type of action or transaction that involves crossing state lines. It can refer to the transport of physical goods, money, and even services that cross state borders. In addition, interstate commerce occurs whenever the parts of a good have crossed state lines. For example, if a computer or tablet component had to travel between two states (or further) when it was being manufactured, then that is usually enough for interstate commerce to have occurred and for a person using a computer or a tablet in an offense to be charged under federal law.

How Interstate Commerce Relates to Federal Charges

For most federal crimes, any situation in which interstate commerce has occurred can lead to federal charges. Whether the US mail or another mailing service (such as FedEx or UPS or Amazon) resulted in the crossing of state lines, or a product used in the alleged offense involved interstate commerce in any capacity, a person may be facing federal charges.

It is important for you to know that most federal fraud-related charges involving interstate commerce are charged as felonies, and you could be facing a long prison sentence if you are convicted.

Contact Our Tampa Criminal Defense Lawyers for Help Defending Against Federal Criminal Charges

The term “interstate commerce” is relevant to many different areas of federal law, including federal criminal charges of nearly all types. While it can be a difficult concept to grasp fully, it is important to understand how any type of interstate commerce in an alleged criminal act can result in a person facing federal rather than state criminal charges for the offense. If you have any questions about the federal charges you are facing or concerns about whether your alleged actions actually involved interstate commerce, one of the experienced Tampa federal criminal defense attorneys at the Law Offices of Daniel J. Fernandez, P.A. can assist you. Contact our firm today to discuss the details of your case and to begin developing a defense strategy that is tailored to the facts of your case.

Source:

constitution.congress.gov/browse/essay/artI-S8-C3-1/ALDE_00013403/