What is Federal Crime Defense in California?
Federal crimes are prosecuted in United States District Court — for the East Bay, that means the Northern District of California (Oakland and San Francisco courthouses). Federal cases differ from state prosecutions in significant ways: a federal grand jury (not a complaint) indicts; the U.S. Sentencing Guidelines drive outcomes; mandatory minimums apply to many drug, firearm, and child-pornography offenses; and there is no parole in the federal system — defendants serve approximately 85% of any sentence imposed.
Morris Law PC, A Criminal Defense Firm, represents clients facing these charges across Alameda County and the greater Bay Area. With offices in Oakland and Berkeley, our team brings courtroom-tested defense to every stage of the case — from arrest and arraignment through trial, sentencing, and post-conviction relief.
Charges & Penalties Under California Law
- Federal Drug Trafficking (21 U.S.C. §841). 5 years to life mandatory minimums based on quantity (500g cocaine, 28g crack, 100g heroin, 50g methamphetamine actual, 100kg marijuana = 5-year min; 5kg cocaine, 280g crack, 1kg heroin, 500g meth, 1000kg marijuana = 10-year min).
- Conspiracy (18 U.S.C. §371 / 21 U.S.C. §846). Up to 5 years (general conspiracy); drug conspiracy carries same mandatory minimums as the underlying offense.
- Federal Firearm Offenses (18 U.S.C. §922(g), §924(c)). Felon in possession: up to 10 years (ACCA enhancement: 15-year mandatory minimum). §924(c) firearm in furtherance of drug/violent crime: +5 years, +7 if brandished, +10 if discharged.
- Wire and Mail Fraud (18 U.S.C. §§1341, 1343). Up to 20 years per count; 30 years if financial institution affected.
- Tax Evasion (26 U.S.C. §7201). Up to 5 years per year of evasion, plus fines and restitution.
- Money Laundering (18 U.S.C. §1956). Up to 20 years state prison; fines up to twice the laundered amount.
- Child Pornography (18 U.S.C. §§2251, 2252). Production: 15-year mandatory minimum; possession: up to 10 years (15 if prior conviction).
- Hobbs Act Robbery (18 U.S.C. §1951). Up to 20 years state prison.
- RICO (18 U.S.C. §1962). Up to 20 years per count, plus forfeiture of all proceeds.
Defenses Our California Lawyers Use
- Pre-indictment intervention. Federal investigations often last months or years before charges. Engaging counsel during the target-letter stage can sometimes prevent indictment entirely.
- Fourth Amendment / suppression. Wiretap challenges under 18 U.S.C. §2518, Franks hearings for false warrant affidavits, and challenges to GPS, pole-camera, and cell-site simulator surveillance.
- Withdrawal from conspiracy. A defendant who affirmatively withdraws from a conspiracy before its objects are achieved is not liable for subsequent acts.
- Safety valve relief (18 U.S.C. §3553(f)). First-time, non-violent drug defendants who cooperate can bypass mandatory minimums.
- Substantial assistance (5K1.1). Cooperation against larger targets can lead to motions for downward departure or sentence reduction.
- Variance under 18 U.S.C. §3553(a). After United States v. Booker (2005), the Guidelines are advisory — we present mitigation evidence to argue for below-Guideline sentences.
- Categorical-approach challenges. Many federal enhancements (ACCA, career offender) require prior ‘crimes of violence’ or ‘controlled substance offenses’ — we challenge whether priors meet the elements test under Mathis v. United States.
- First Step Act and compassionate release. Retroactive sentencing reform and extraordinary-and-compelling reasons motions can reduce existing federal sentences.
Where We Defend These Cases
Morris Law PC operates from two East Bay locations. Each office leads the firm-wide defense effort for clients in its surrounding communities — and our team works as a single firm regardless of which office you walk into first.
Oakland Office — Lead Office for Alameda County
1300 Clay St, Suite 600
Oakland, CA 94612
Phone: (510) 824-8831
The Oakland office is one block from the Wiley W. Manuel Courthouse (661 Washington Street) and a short walk from the René C. Davidson Courthouse (1225 Fallon Street), where most Alameda County felony cases are heard. See Oakland federal crime defense services →
Berkeley Office
2001 Addison St, Suite 300
Berkeley, CA 94704
Phone: (510) 350-3225
Berkeley-area clients facing these charges are represented out of our Oakland office; the Berkeley team coordinates intake and meetings as needed. Berkeley office →
Frequently Asked Questions
Where are federal criminal cases for the East Bay heard?
The Northern District of California — Oakland Courthouse (1301 Clay Street, Oakland) and San Francisco Courthouse (450 Golden Gate Avenue). Magistrate judges handle initial appearances, detention hearings, and grand-jury matters; District Court judges handle trial and sentencing. The Court of Appeals is the Ninth Circuit.
Is there parole in the federal system?
No. The federal parole system was abolished by the Sentencing Reform Act of 1984. Federal defendants serve approximately 85% of any sentence imposed, earning up to 54 days of good-conduct credit per year. This means a 5-year federal sentence is roughly 51 months actually served.
What is the difference between state and federal prosecution?
Federal cases are charged by indictment from a grand jury, prosecuted by Assistant U.S. Attorneys, governed by the U.S. Sentencing Guidelines, and feature mandatory minimums for many drug, firearm, and child-pornography charges. State cases are typically faster, often involve less surveillance, and allow parole and earlier release. The same conduct can sometimes be prosecuted in either system.
How are federal drug sentences calculated?
Under U.S.S.G. §2D1.1, the base offense level is set by quantity — and mandatory minimums under 21 U.S.C. §841 override the Guidelines if higher. 5-year minimums attach at 500g cocaine, 28g crack, 100g heroin, 50g pure meth, or 100kg marijuana. 10-year minimums attach at five times those amounts. Safety valve, cooperation, and §3553 variances can reduce final sentences.
What is a target letter in a federal investigation?
A target letter is a notice from the U.S. Attorney’s Office that you are the focus of a grand-jury investigation and may be indicted. It is the most important moment to retain counsel — pre-indictment negotiation, queen-for-a-day proffers, and declinations are all possible before charges are filed. Never respond to a target letter without an attorney.
Speak With a California Defense Lawyer Today
Every case is different — and every hour you wait can narrow your options. Call (510) 330-0814 for a free, confidential consultation with a Morris Law PC defense lawyer. Available 24/7, including evenings and weekends.