When Is Murder a Federal Crime?

 Posted on October 11, 2025 in Federal Crimes

Murder is often a crime that is prosecuted in the state judicial system, penalized with state sentences. However, in certain circumstances, murder can cross into federal jurisdiction. Consider the factors that make murder a federal crime and the legal implications. Then, contact a Chicago, IL federal murder defense lawyer who understands the laws that apply to these cases. Federal cases move quickly, and the penalties are severe. With experienced legal representation, you can fight the charges.

What Makes a Murder a Federal Case?

Under federal statutes 18 U.S.C. § 1111, murder is defined as the unlawful killing of another person with intent or extreme disregard for life. In general, murder becomes a federal crime when it violates a law of the United States or takes place under federal authority.

State and federal murder cases are investigated and prosecuted differently. State prosecutors bring charges under state law, and the case is tried in state court. Federal prosecutors, called U.S. Attorneys, handle crimes that fall under federal law. These cases are tried in federal court. Federal cases often involve more investigators, stricter procedures, and longer timelines. The evidence is reviewed by national agencies such as the FBI, and sentences are typically more severe. Federal cases are complex and involve high stakes, so building a strong defense early is essential.

Crossing State Lines Triggers Federal Charges

The federal government has power over crimes that cross state or national borders. For example, if a person kidnaps someone in one state and kills them in another, the case may fall under the federal kidnapping statutes 18 U.S.C. § 1201. The federal government can even step in if a weapon used in the crime moved between states. Once the crime involves more than one state, agencies like the FBI or the Department of Justice take over.

Murder on Federal Property

Murder becomes a federal case if it happens on land that belongs to or is controlled by the United States, including military bases, post offices, federal buildings, and national parks. According to 18 U.S.C. § 7, the federal government has power over crimes that happen in these areas. For example, a murder at a U.S. Army base or in Yellowstone National Park would be handled by federal prosecutors. The FBI often leads these investigations, sometimes with help from local police.

Murder Involving Federal Officials or Employees

The murder of a federal worker would also fall under federal jurisdiction. Under 18 U.S.C. § 1114, it is a federal crime to kill or try to kill a federal officer or employee while they are doing their job. This includes judges, postal workers, federal agents, and members of Congress.

When Murder Is Linked to Other Federal Crimes

A murder can become a federal case when it is connected to another offense under federal law. These situations are complex because you may face more than one federal charge. Examples of federal murder charges linked to other crimes include:

• Drug trafficking: If someone is killed during a drug deal or drug operation, it can lead to federal charges. This often happens when the drug operation crosses state lines or involves organized groups.

• Bank robbery: A death that occurs during a bank robbery can turn the case into a federal matter because banks are federally insured.

• Terrorism: Any murder tied to terrorism, attacks on public transportation, or violence against federal buildings can be prosecuted in federal court. These cases usually involve national security issues and can carry harsh penalties.

Hate Crimes or Civil Rights Violations

The federal government also prosecutes murders that involve perceived hate or discrimination. The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act gives the government power to intervene when someone is attacked or killed because of their race, religion, gender, sexual orientation, or national origin.

Killings meant to stop someone from using their civil rights can be charged under 18 U.S.C. § 245. For instance, a case may fall under federal authority if a murder is tied to activities like voting or education. The government can also get involved when the crime affects participation in public services.

Possible Defenses Against a Federal Murder Charge

A murder charge is not a conviction. Whether you are facing state or federal court, you still have the right to defend yourself. The prosecution must prove guilt beyond a reasonable doubt. A strong defense focuses on challenging the evidence they present against you, weakening their case. Every case is unique, but some common defenses for a federal murder charge include:

• Self-defense: You may be able to show that you acted to protect yourself or another person from serious harm or death.

• Lack of intent: You may argue that the incident was not planned or intentional, which could reduce the severity of the charge.

• Mistaken identity: You may have been identified by mistake if witnesses were unsure or evidence was unreliable.

• Violation of rights: You may challenge evidence that was collected through an unlawful search or questioning. If your rights were violated, certain evidence may be excluded.

• Insufficient evidence: You may argue that the government does not have enough evidence to meet its burden of proving guilt beyond a reasonable doubt.

Your attorney will also review whether the federal court even has jurisdiction. If the crime does not clearly fall under federal law, the defense can argue that it should be handled in state court instead.

Schedule a Free Consultation With a Chicago, IL Federal Murder Charge Defense Attorney

If the federal government is investigating a murder charge against you, you need a legal representative who will aggressively protect your rights. Attorney Hal M. Garfinkel has years of experience in federal and state courts. With his experience as a former prosecutor, he understands how federal prosecutors work and how to challenge their evidence. If you have been accused of a federal offense, contact Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney today at 312-629-0669 to schedule your free consultation with a knowledgeable Chicago, IL federal murder defense lawyer.