If you are under federal investigation, have been indicted, or were arrested during a federal enforcement operation in Minnesota, invoke your right to remain silent and contact a federal criminal defense attorney immediately. Federal prosecutions carry a conviction rate exceeding 90%, with severe mandatory minimum sentences, U.S. Sentencing Guidelines calculations, and consequences that far exceed most state charges. Federal cases are investigated by agencies including the FBI, DEA, IRS Criminal Investigation, ATF, and Homeland Security Investigations — often for months or years before charges are filed. Whether you are facing traditional federal charges such as drug trafficking, fraud, or firearms offenses, or charges arising from recent federal enforcement operations and protests in Minnesota, early legal counsel is critical for responding to investigations, challenging detention, evaluating evidence, and protecting your constitutional rights.
Federal Criminal Defense FAQs
What should I do if I am contacted by a federal agent or learn I am under federal investigation?
Do not make any statements. Federal investigations by the FBI, DEA, IRS-CI, or other agencies are often well advanced before a target is contacted. Anything you say — including seemingly harmless statements — can be used against you and may form the basis of additional charges such as making false statements under 18 U.S.C. § 1001. Contact a federal criminal defense attorney before responding to any agent, grand jury subpoena, or target letter.
What is the difference between federal and state criminal charges?
Federal charges are prosecuted by the U.S. Attorney's Office in federal court under federal statutes, while state charges are prosecuted by county attorneys in state court under Minnesota law. Federal cases typically involve conduct that crosses state lines, uses federal systems (mail, wire, internet), involves federal agencies or programs, or occurs on federal property. Federal sentencing is governed by the U.S. Sentencing Guidelines and often carries mandatory minimum prison terms that do not apply in state court.
How do federal sentencing guidelines work?
The U.S. Sentencing Guidelines calculate a recommended sentence range based on two factors: the offense level (determined by the crime, amount of loss, drug quantity, and other specific offense characteristics) and the criminal history category (I through VI, based on prior convictions). The intersection produces a sentencing range in months. While judges may depart or vary from the Guidelines range, they must consider it as the starting point. Mandatory minimum statutes override the Guidelines when they produce a higher sentence.
What are mandatory minimum sentences in federal cases?
Many federal crimes carry mandatory minimum prison terms set by Congress. Drug trafficking under 21 U.S.C. § 841 carries minimums of 5 or 10 years depending on drug type and quantity. Firearms offenses under 18 U.S.C. § 924(c) carry mandatory consecutive sentences of 5, 7, or 10 years. Wire fraud carries up to 20 years per count, and 30 years when involving a financial institution. These sentences cannot be reduced by a judge absent a government motion for cooperation under U.S.S.G. § 5K1.1.
What is a cooperation agreement and a 5K1.1 motion?
A cooperation agreement is an arrangement where a defendant provides substantial assistance to the government — typically testimony or information about other criminal activity — in exchange for the government filing a motion under U.S. Sentencing Guidelines § 5K1.1 requesting that the judge impose a sentence below the mandatory minimum or Guidelines range. A 5K1.1 motion is the only mechanism to go below a mandatory minimum in most federal cases. Whether to cooperate is a significant decision with serious implications that requires careful counsel.
I was arrested at a protest in Minnesota. What federal charges could I face?
Individuals arrested during protests involving federal officers or federal property may face charges including assaulting, resisting, or impeding federal officers under 18 U.S.C. § 111 (up to 8 years, or 20 years with a weapon or injury), conspiracy to impede officers under § 372 (up to 6 years), damaging federal property under § 1361 (up to 10 years), FACE Act violations under § 248 if a place of worship was involved, and general conspiracy under § 371 (up to 5 years). The specific charges depend on the alleged conduct. Early counsel is essential to evaluate the evidence and assert constitutional defenses.
Can I be charged with a federal crime for social media posts about federal officers?
Yes. Making threats against federal officers via social media or other electronic communications can result in federal charges under 18 U.S.C. § 875(c) (interstate threats, up to 5 years) and related cyberstalking statutes. Publishing personal information about federal officers with the intent to facilitate harm may also result in charges. Exercise caution with any online statements about federal officers or ongoing enforcement operations, and consult an attorney if you believe you are under investigation for online conduct.
Will I be detained before trial in a federal case?
Federal law requires a detention hearing for certain offenses, including drug trafficking, firearms offenses, and crimes of violence. Under 18 U.S.C. § 3142, the court considers whether any conditions of release can reasonably assure the defendant's appearance and community safety. Factors include the nature of the charges, weight of evidence, personal history, and risk of flight. Unlike most state cases, there is no automatic right to bail in federal court. Defense counsel can present evidence and witnesses at the detention hearing to argue for release.
Federal Criminal Defense Representation in Minnesota
A federal criminal charge is fundamentally different from a state charge — in investigation scope, prosecution resources, sentencing severity, and long-term consequences. The U.S. Attorney's Office for the District of Minnesota prosecutes cases investigated by the FBI, DEA, IRS Criminal Investigation, ATF, Homeland Security Investigations, and other federal agencies. These investigations often involve wiretaps, cooperating witnesses, undercover operations, and grand jury proceedings that may be underway for months or years before charges are filed. Ashley Heaney, Attorney at Law, provides thorough defense representation for clients facing federal criminal charges throughout Minnesota — from the investigation stage through trial, sentencing, and appeal.
Federal Drug Trafficking & Distribution
Federal drug charges under 21 U.S.C. § 841 carry mandatory minimum sentences of 5 to 10 years and up to life imprisonment based on drug type, quantity, and prior convictions. We challenge drug quantity calculations, confidential informant reliability, search and seizure issues, and whether the government can prove knowing and intentional participation in the alleged conspiracy.
Wire Fraud, Mail Fraud & Financial Crimes
Wire fraud (18 U.S.C. § 1343) and mail fraud (§ 1341) carry up to 20 years per count — 30 years when involving a financial institution. Federal prosecutors often stack counts based on individual communications. We examine the evidence of intent to defraud, materiality of alleged misrepresentations, and whether the government can establish the required scheme.
RICO & Federal Conspiracy
RICO charges under 18 U.S.C. § 1962 carry up to 20 years per count and require proof of an enterprise and a pattern of racketeering activity. Federal conspiracy under § 371 requires only an agreement and one overt act. We challenge the government's theory of the enterprise, the sufficiency of evidence linking the defendant to the alleged conspiracy, and the scope of liability for co-conspirators' conduct.
Money Laundering & Bank Fraud
Money laundering under 18 U.S.C. § 1956 carries up to 20 years, and bank fraud under § 1344 carries up to 30 years. These charges are frequently added to drug, fraud, and organized crime indictments. We examine the tracing of funds, challenge the government's evidence of knowledge and intent, and evaluate whether the alleged transactions meet the statutory definition of money laundering.
Federal Firearms Offenses
Federal firearms charges under 18 U.S.C. § 922 (felon in possession) and § 924(c) (use of a firearm during a crime of violence or drug trafficking) carry mandatory consecutive prison sentences of 5 to 30 years. We challenge constructive possession, evaluate whether the predicate offense qualifies, and assess Fourth Amendment issues in the recovery of the weapon.
Federal Healthcare & Tax Fraud
Healthcare fraud (18 U.S.C. § 1347) and tax fraud (26 U.S.C. § 7201) are investigated by HHS-OIG and IRS Criminal Investigation. These cases involve complex financial evidence, billing records, and expert testimony. We retain forensic accountants, challenge loss calculations, and evaluate whether the government can prove willful intent beyond a reasonable doubt.
Federal Sex Crimes & Child Exploitation
Federal sex offenses — including child exploitation under 18 U.S.C. §§ 2252–2252A, online solicitation, and sex trafficking — carry some of the most severe mandatory minimums in federal law, including 15 years to life. We handle federal sex crime cases in the District of Minnesota, challenge digital forensic evidence, and evaluate suppression issues and sentencing mitigation.
Federal Sentencing, Appeals & Post-Conviction
Federal sentencing involves complex U.S. Sentencing Guidelines calculations, mandatory minimums, cooperation considerations, and departure arguments. We prepare detailed sentencing memoranda, present mitigating evidence, and argue for below-Guidelines sentences under 18 U.S.C. § 3553(a). We also handle federal appeals and post-conviction motions including § 2255 relief where grounds exist.
Federal Enforcement Operations, Protest Charges & Civil Liberties Defense in Minnesota
Since late 2025, large-scale federal enforcement operations in Minnesota have resulted in federal criminal charges against individuals for conduct during or related to protests, demonstrations, and encounters with federal officers. Charges range from misdemeanor obstruction to serious felonies carrying years in federal prison. Whether you were arrested at a demonstration, are under investigation for online statements, or were detained during an enforcement operation, these cases require counsel experienced in federal criminal defense, constitutional law, and the specific statutes being applied. Ashley Heaney, Attorney at Law, represents individuals facing federal charges arising from enforcement operations and protests throughout the District of Minnesota.
Assaulting, Resisting or Impeding Federal Officers (18 U.S.C. § 111)
Section 111 is the most commonly charged federal offense in protest-related cases, covering conduct ranging from blocking a federal vehicle to physical confrontation with officers. Penalties range from up to 1 year (simple impeding) to 8 years (force or threat of force) to 20 years (weapon or bodily injury). We examine the specific conduct alleged, challenge the characterization of actions as force, evaluate video and body camera evidence, and assert constitutional defenses including protected speech and assembly.
FACE Act & Religious Worship Interference (18 U.S.C. § 248)
The Freedom of Access to Clinic Entrances Act prohibits the use of force, threat of force, or physical obstruction to interfere with a person's exercise of religious worship. In Minnesota, FACE Act charges have been brought in connection with protests at places of worship. Penalties include up to 1 year for a first offense and up to 10 years for subsequent or aggravated offenses. We challenge the elements of obstruction, evaluate whether the alleged conduct meets the statutory definition, and raise First Amendment defenses.
Federal Conspiracy Charges (18 U.S.C. §§ 241, 371, 372)
Federal prosecutors use multiple conspiracy statutes to charge individuals involved in group conduct: § 241 (conspiracy to deprive constitutional rights, up to 10 years), § 371 (general conspiracy, up to 5 years), and § 372 (conspiracy to impede officers by force or intimidation, up to 6 years). These charges can be added to underlying offenses and used to hold individuals responsible for others' actions. We challenge the evidence of agreement, the scope of the alleged conspiracy, and individual knowledge and intent.
Threats Against Federal Officers & Cyberstalking
Making threats against federal officers — including through social media, messaging platforms, or other electronic communications — can result in federal charges under 18 U.S.C. § 875(c) (up to 5 years) and related cyberstalking statutes. Publishing officers' personal information or encouraging others to confront federal agents may also form the basis for charges. We evaluate whether statements constitute true threats under current First Amendment standards, challenge the evidence of intent, and defend against overbroad applications of federal threat statutes.
Damaging Federal Property & Federal Obstruction
Willfully damaging or destroying property belonging to the U.S. government — including federal vehicles, buildings, or equipment — is a felony under 18 U.S.C. § 1361 carrying up to 10 years. Lower-level obstruction charges under § 1501 carry up to 1 year. These charges are commonly added in situations involving confrontations near federal facilities or vehicles. We challenge the evidence of willful intent, evaluate the identification evidence, and assert all available defenses.
Immigration Enforcement Defense & Wrongful Detention
Federal immigration enforcement operations may result in both immigration proceedings and criminal charges. Individuals detained during enforcement operations — including U.S. citizens and legal residents who may be wrongfully swept up — face immediate legal consequences. Defense requires coordination between criminal defense and immigration counsel to address detention hearings, habeas corpus petitions, warrantless search challenges, and the intersection of criminal charges with immigration status. We represent individuals facing criminal charges connected to federal enforcement operations and work with immigration attorneys to address the full scope of the case.