If you or a loved one has been arrested or charged with a crime in Washington, D.C., the stakes just got much higher. On August 19, 2025, the new U.S. Attorney for the District of Columbia, which prosecutes all federal crimes in the District, announced a new policy requiring that her prosecutors pursue the most serious federal charges and seek the harshest available sentences for crimes committed in D.C. U.S. Attorney Jeanine Pirro’s new policy means at least two things:
More criminal cases in D.C. are likely to be prosecuted in federal court.
First, many more cases that used to be handled in D.C. Superior Court, under the local laws, will now be prosecuted in federal court and under federal law. Federal prosecutions are associated with more severe sentences under the Sentencing Guidelines. The Rules of Evidence and Criminal Procedure are usually more friendly to the prosecution than in state court. The prosecutors and judges in federal court are often elite lawyers.
Examples of this could include:
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- A simple robbery that would normally be prosecuted in a local D.C. court could be charged as a federal Hobbs Act Robbery under 18 U.S.C. § 1951 if a business was the victim.
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- A drug case that might have been diverted or charged as a misdemeanor in D.C. Superior Court could now be indicted as a federal drug trafficking offense under 21 U.S.C. § 841, triggering mandatory minimums depending on drug type and quantity.
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- An assault or other crime involving a federal employee, even a postal worker or Metro officer, is now more likely to be prosecuted as an assault on a federal officer under 18 U.S.C. § 111, a felony with significantly higher sentencing exposure than a comparable local charge. A man recently made headlines after being charged with federal crimes after throwing a sandwich at a federal law enforcement agent.
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- A local charge for possessing a firearm as a convicted felon is now more likely to be prosecuted in federal court under 18 U.S.C. § 922, which carries up to 15 years in prison and sometimes high mandatory minimum sentences if the defendant has a lengthy criminal history involving drugs or violent offenses.
Federal prosecutors will charge more serious offenses and pursue longer sentences.
Second, defendants charged in federal court in D.C. will now be charged with more serious offenses, and prosecutors will push for longer prison sentences from judges. This policy means prosecutors won’t be able to exercise their independent discretion to offer defendants more lenient sentences or reduced charges as part of plea negotiations, even when there are compelling, mitigating circumstances. It means more defendants will face severe mandatory minimum sentences that come with more serious charges.
Some examples of this policy in action include:
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- Drug offenses and other criminal offenses involving firearms will more frequently be accompanied by a charge under 18 U.S.C. § 924(c) carrying the 5-year mandatory minimum, and prosecutors are less likely to dismiss these extra charges even as part of a plea agreement.
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- Drug distribution charges — even at the street level or involving street level quantities— could be enhanced under federal law to trigger 10-year or 15-year mandatory minimums based on drug type or if a defendant has prior drug offenses under state or federal law.
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- Conspiracy charges under 21 U.S.C. § 846 — often used in drug trafficking cases — may be used more broadly to try to hold each defendant responsible for the total drug weight attributed to the conspiracy, even if the defendant personally sold only small amounts. This can escalate a low-level case into one carrying a 10- or 20-year mandatory minimum, especially when alleged co-conspirators are involved.
Arrested or Under Federal Investigation in D.C.? Call us.
The federal criminal defense lawyers at the Church Law Firm have experience defending individuals facing federal charges in Washington, D.C. Given these new policies, which will increase the number of federal prosecutions and raise the stakes in each case, it is more important than ever to have an advocate experienced in federal criminal defense.
Call the Church Law Firm today for a confidential consultation. We’ll explain what you’re up against, and more importantly — how we’ll fight for you.
