Federal vs. State Crimes: Understanding the Differences

After an arrest, you may face prosecution for an offense in either state or federal court, and sometimes in both. Knowing where your case may end up can help you understand your options for pursuing a resolution to your charges. An experienced criminal defense lawyer can explain your charges and the applicable criminal justice process so you can make informed decisions in your case.

Understanding Federal Criminal Law

The federal criminal justice system deals with criminal offenses that violate federal law. Federal criminal law typically focuses on crimes that occur across state or national borders, affect the national economy (such as banks or stock markets), involve federal employees or property, or threaten U.S. national security.

Investigation of federal criminal offenses occurs through various federal law enforcement agencies such as:

• The Federal Bureau of Investigation
• The Drug Enforcement Agency
• The Bureau of Alcohol, Tobacco, Firearms, and Explosives
• The U.S. Secret Service
• Customs and Border Protection
• The U.S. Marshals Service
• The U.S. Postal Inspection Service/U.S. Postal Police

Examples of crimes charged at the federal level include:

• Drug trafficking across state and national lines
• Kidnapping and human trafficking across state and national lines
• Bank robbery
• Securities fraud
• Computer hacking
• Wire and mail fraud
• Distribution of child pornography
• Medicare, Medicaid, and Social Security fraud
• Terrorism

Understanding State Criminal Law

State criminal law focuses on crimes that occur within the state’s borders. Local and state law enforcement agencies, county prosecutors, and the state attorney general’s office investigate criminal offenses under state law. However, state criminal justice systems deal with crimes just as serious as those handled within the federal criminal justice system, including:

• Murder and homicide
• Sex crimes, including offenses involving sexual assault, criminal sexual contact, or child pornography
• Weapons offenses, including unlawful possession or use of weapons
• Drug crimes, including simple possession, possession of paraphernalia, or distribution
• Robbery and theft
• Burglary
• Arson
• Assault
• Kidnapping

State criminal law also deals with less serious offenses like trespassing, disorderly conduct, and vandalism.

Penalties under Federal vs. State Criminal Law

State criminal penalties depend on the grading of the offenses. State law grades less severe offenses as misdemeanors and more serious offenses as felonies, further categorizing misdemeanor and felony offenses into separate grades based on the seriousness of the crime. Penalties for misdemeanor offenses may include up to a year in jail and several thousand dollars in fines. However, courts frequently have the discretion to impose alternative sanctions like house arrest, community service, probation, or drug treatment. Penalties for felony crimes under state law usually result in prison time and fines, although courts can impose probation for less severe offenses instead of prison.

Under federal sentencing guidelines, penalties depend on the offense level assigned to the defendant’s crime of conviction and the defendant’s criminal history. More severe crimes or an extensive criminal history will lead to a higher sentencing range. The most severe offenses under federal criminal law, such as the murder of a federal law enforcement officer, terrorism, or treason, carry the possibility of the death penalty.

Contact a Criminal Defense Lawyer Today

If you face state or federal criminal charges, you need an experienced criminal defense lawyer to help you understand the legal process and defend your rights and interests. Contact the team at DiCaudo, Pitchford & Yoder today for a confidential consultation with our dedicated legal advocates to discuss your legal options.