Brooklyn Federal Criminal Defense Lawyer

Expert Brooklyn Federal Criminal Defense Attorney

When suspects are accused of breaking a federal crime or committing an offense on federal land, defendants can face unique challenges and obstacles. The federal court system can be an intimidating venue where prosecutors have considerable resources at their disposal, and a conviction can lead to life-altering penalties. If you are facing these types of charges, you can rely on the support of a Brooklyn federal criminal defense lawyer to protect your freedom.

Dedicated Criminal Defense for Defendants Facing Charges in Brooklyn

Facing federal criminal charges can be an incredibly intimidating and stressful experience. The outcome of your case could determine whether you retain your freedom and your reputation. When defendants in Brooklyn are facing high-stakes cases, they trust The Vitaliano Law Firm, which is based in New York City, for unwavering support and a results-driven approach. Our founding attorney is a former prosecutor who understands the local court system.

During his time as a New York City prosecutor, our founding attorney prosecuted a wide range of criminal cases, from burglaries to sex offenses and financial crimes. His time spent representing the state informs his approach to defending clients today. He also maintains deep roots in the local community. After earning his J.D. from Brooklyn Law School, he remained in New York City and worked, eventually opening his own dedicated criminal defense firm.

Attorney Michael Vitaliano has received numerous awards over the years, including recognition as one of New York’s Top 40 under 40 Criminal Defense Lawyers by The National Trial Lawyers Association. He was also named a Top 10 Criminal Defense Attorney by Attorney Practice magazine. * Trust our firm to provide you with the focus and attention your case deserves.

What Makes a Criminal Charge a Federal Offense?

In 2025, there were 79,129 criminal cases filed in U.S. district courts, marking a 13% increase over the year prior. Federal crimes differ from state prosecutions because they involve violations of federal law or conduct that affects interstate or international commerce. A case may become federal if it involves crimes such as:

• Drug trafficking across state lines
• Wire fraud
• Mail fraud
• Healthcare fraud
• Tax offenses
• Child exploitation
• Firearms offenses prohibited under federal law

Federal jurisdiction may also apply when the alleged offense occurs on federal property. Federal properties are located throughout the state and within its cities. Gateway National Recreation Area, the Federal Hall National Memorial, located at 26 Wall Street in Lower Manhattan, and the Statue of Liberty National Monument are other examples of federal properties in and around New York City.

When federal law enforcement agencies, such as the FBI, DEA, ATF, and Homeland Security, conduct investigations, suspects may face an indictment and federal criminal charges. Rather than being heard in a New York state criminal courthouse, a federal case arising in Brooklyn would generally be prosecuted in the United States District Court for the Eastern District of New York, located at 225 Cadman Plaza East here in Brooklyn.

About the Eastern District of New York

The Eastern District of New York covers Queens, Staten Island, Nassau County, Suffolk County, and Brooklyn, serving more than eight million people. Cases are prosecuted by the U.S. Attorney’s Office, and its Criminal Division handles cases involving terrorism, weapons proliferation, espionage, cybersecurity offenses, and a range of white-collar crimes, including securities fraud, healthcare fraud, mortgage fraud, money laundering, and other crimes.

The Eastern District was established in 1865 after President Abraham Lincoln approved legislation creating it. Today, federal cases may be heard either in Brooklyn or at the district’s Central Islip courthouse, depending on where the alleged conduct occurred and how the case is assigned. Today, the Justice Department oversees more than 115,000 employees.

How Are Federal Charges Prosecuted in Brooklyn, NY?

Federal criminal cases often follow a more extensive charging process than cases in state court. Before most felony charges can proceed, federal prosecutors present evidence to a grand jury. However, the grand jury doesn’t determine guilt or innocence. Rather, it determines whether there is probable cause to believe that a federal crime was committed.

Grand jury proceedings are conducted in private, and defense does not play a role in the process. Prosecutors may introduce witness testimony, documents, financial records, electronic communications, surveillance footage, forensic evidence, and testimony from federal agents who summarize the results of lengthy investigations.

If the grand jury finds probable cause, it returns a true bill that formally indicts the defendant. A return of no bill generally means the charges do not move forward. Indictments play a significant role in federal court cases because, under Rule 7 of the Federal Rules of Criminal Procedure, most federal felonies must be charged only after a formal indictment. If an indictment is returned, the case proceeds to an arraignment where a plea is given and other formal steps.

Common Types of Federal Crimes

Federal crimes cover a wide range of offenses, with many overlapping state-level crimes. These are some of the more common federal crimes that The Vitaliano Law Firm can defend against.

• Drug trafficking. Federal prosecutors frequently pursue large-scale drug trafficking charges involving interstate or international distribution networks. Investigations often involve agencies such as the DEA, FBI, Homeland Security, and Customs and Border Protection. Convictions for these crimes can carry mandatory minimum prison sentences and substantial financial penalties.
• Wire Fraud and Mail Fraud. Fraud schemes that use interstate wire communications, email, telephone calls, text messages, or the U.S. Postal Service frequently fall under federal jurisdiction. These cases may involve investment scams, business fraud, healthcare billing fraud, identity theft, or internet-based schemes targeting victims across multiple states.
• Conspiracy Charges. Federal prosecutors commonly charge conspiracy alongside other offenses. A defendant may face conspiracy charges for agreeing to participate in a criminal enterprise, even if the other individual or other parties actually carried out the crime. Conspiracy accusations can allow federal prosecutors to broaden the scope of their investigation.
• Money laundering. Money laundering involves financial transactions aimed at concealing or disguising proceeds from unlawful activity. These cases are often tied to narcotics trafficking cases. Organized crime and public corruption cases may also lead to accusations of money laundering. These cases are highly complex and often require a detailed audit of digital financial transactions.
• Firearms offenses. Federal firearm charges may involve prohibited possession by convicted felons, trafficking firearms across state lines, possessing firearms during drug trafficking offenses, or illegally manufacturing or modifying weapons. These cases are typically investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
• Tax Crimes: The Internal Revenue Service Criminal Investigation Division investigates allegations involving tax evasion, filing false tax returns, payroll tax violations, offshore financial accounts, and fraudulent tax refund schemes. These investigations commonly involve detailed financial records, business documents, electronic communications, and forensic accounting.
• Public Corruption and Bribery: Federal authorities aggressively investigate allegations involving public officials, government contractors, bribery, kickbacks, embezzlement, and honest services fraud. These complex cases often rely on confidential informants, electronic surveillance, financial evidence, recorded conversations, and lengthy grand jury investigations before criminal charges are filed.
• Cybercrime and computer offenses. Federal prosecutors may pursue cybercrime cases involving computer break-ins, ransomware attacks, identity theft, online fraud, intellectual property theft, unauthorized access to protected computer systems, and cryptocurrency-related offenses.
• Human trafficking and child exploitation. Federal agencies often investigate cases involving sex trafficking, forced labor, child sexual exploitation, online enticement, and the spreading of child sexual abuse materials. Investigations may involve the use of undercover operations and coordination among multiple law enforcement groups.
• Organized crime and racketeering. Federal racketeering prosecutions target criminal organizations involved in patterns of illegal activity, including violent gangs, organized crime families, narcotics trafficking, extortion, illegal gambling, and financial crimes.

Potential Penalties for a Federal Crime Conviction

Being convicted of a federal crime could lead to the immediate loss of the defendant’s freedom and considerable damage to their reputation. Federal prison sentences could range anywhere from weeks to years or even decades. Many federal criminal laws carry mandatory minimum sentences, meaning a conviction would lead to life-altering consequences.

Fines are another potential consequence of a conviction in federal court, and some charges may result in an order to pay restitution to victims. When a case involves accusations that large sums of money were misappropriated from multiple individuals, those fines can be substantial. Having a criminal record can lead to other setbacks, both personally and work-related. Securing future gainful employment and housing could be challenging.

What Types of Evidence Could Be Used Against Me?

Federal prosecutors often spend months or even years building a case before filing charges, meaning they may possess a substantial amount of evidence by the time an indictment is returned.

Depending on the allegations, the government could rely on emails, text messages, phone records, financial records, bank statements, tax documents, business records, surveillance video, social media activity, GPS or cell-site location data, fingerprints, DNA, and forensic laboratory reports. Prosecutors may also introduce testimony from federal agents, expert witnesses, confidential informants, cooperating defendants, or alleged co-conspirators.

Obtaining Evidence in a Federal Case

In many investigations, evidence is obtained through grand jury subpoenas, search warrants, court-authorized wiretaps, electronic surveillance, or undercover operations. The prosecution must still prove that the evidence is admissible and establishes guilt beyond a reasonable doubt.

A skilled federal criminal defense attorney can examine whether investigators violated your constitutional rights, challenge illegally obtained evidence, question witness credibility, and expose weaknesses in the government’s case before trial.

How to Build a Strong Defense

The right defense begins with a careful examination of the evidence. An experienced criminal defense attorney could review witness testimony, financial records, photographs, and other key pieces of evidence to see where law enforcement made missteps, witness accounts do not add up, or prosecutors potentially moved forward with a weak case.

Any violations of the defendant’s rights could lead to evidence being suppressed. A close examination of the evidence could reveal that no crime was committed. Someone who lost money in a business deal could have convinced investigators that fraud was involved when it was not.

A strong defense could lead to reduced charges when prosecutors no longer have the evidence they need to move forward with the current charges. By casting doubt on the prosecution’s case, the right defense can question the narratives being pushed by the prosecution while positioning you for a favorable outcome to your case.

Potential Outcomes of a Criminal Case

Federal criminal cases see outcomes similar to those in state-level cases. At the most basic level, the accused party will either be convicted of some type of crime or not. The most favorable outcome for someone facing criminal charges is dropped charges or an acquittal at trial. Another favorable outcome could be reduced charges or a plea bargain deal that protects your freedom.

Many criminal cases in federal courts are resolved through plea bargaining. Few cases go to trial, although defendants have the right to seek a trial. When defendants work with an experienced criminal defense attorney, prosecutors may offer a favorable plea deal that allows defendants to put the ordeal behind them.

Why You Should Hire a Federal Criminal Defense Lawyer

As of mid-July 2026, there were 153,509 total federal inmates serving time across the country, and the decision to hire a federal criminal defense lawyer can play a key role in protecting your rights and interests. Federal criminal cases are handled differently from state courts, and not all criminal defense attorneys are familiar with the federal system.

When you hire a federal criminal defense lawyer, you gain the support of a skilled lawyer who understands both federal criminal defense laws and effective federal criminal defense strategies. An experienced Brooklyn federal criminal defense attorney can explain the court process and your options for contesting your charges.

If your rights were violated, your defense attorney can file a motion to suppress evidence. By examining what the prosecution has collected, they can find the right strategy for protecting your freedom and future.

FAQs

What Crimes Are Not Federal?

The majority of crimes in the United States are prosecuted at the state level by state criminal courts. Offenses such as assault, DUIs, shoplifting, burglary, and drug crimes are often prosecuted under state laws. A crime generally becomes federal when it violates a federal statute, occurs on federal property, crosses state or international borders, or results from a federal investigation.

What Are Common Federal Crimes Prosecuted in New York?

The federal courts generally see a higher number of drug, organized crime, and immigration-related cases than the state courts. Federal criminal cases are often highly complex and can involve numerous defendants tied to a single case. The federal courts also see a wide range of offenses that are similar to the types of crimes that are charged in the state court system.

How Long Will My Federal Case Last?

Federal criminal cases are highly complex, and they can last a long time. Seeking a trial can extend that timeline further. The factors that shape the length of an individual case include the complexity of the charges, the strength of the prosecution’s case, and the tactics employed by both the prosecution and defense. Anyone facing a high-stakes criminal charge should be prepared to spend a significant length of time contesting the allegations.

What Crimes Cannot Be Expunged?

Unlike many states, the federal court system provides virtually no blanket expungement process for adult federal criminal convictions. Once a person is convicted in federal court, the conviction generally remains part of the permanent record unless it is overturned on appeal, vacated through post-conviction relief, or the individual receives a presidential pardon.

What Happens if You Are Convicted in Federal Court?

If you are convicted in federal court, sentencing would follow soon after. The judge overseeing the case would rely on federal sentencing guidelines to imprison the convicted defendant or order supervised release. When making such decisions, judges generally consider the seriousness of the crime, the offender’s previous criminal record, and other factors.

If You Are Facing Federal Criminal Charges, Contact The Vitaliano Law Firm Today

Federal criminal charges require a strategic defense backed by courtroom experience and a thorough understanding of the federal justice system. The Vitaliano Law Firm provides dedicated representation for individuals facing serious federal allegations in Brooklyn and throughout New York City.

As a former New York City prosecutor, attorney Michael Vitaliano understands how criminal cases are investigated, charged, and prosecuted, allowing him to anticipate the government’s approach and develop effective defense strategies. A graduate of Brooklyn Law School, he has built his practice on protecting the rights of individuals accused of serious crimes.

Mr. Vitaliano’s professional accomplishments include recognition by The National Trial Lawyers Association as one of New York’s Top 40 Under 40 Criminal Defense Lawyers and selection as a Top 10 Criminal Defense Attorney by Attorney and Practice Magazine. * Contact The Vitaliano Law Firm today to discuss the details of your federal case in Brooklyn, NY.

*Awards and recognitions are not guarantees of future results. Selection criteria vary by organization.

Manhattan  Sex Trafficking Resource:

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