Federal vs State Criminal Charges – What Is the difference? 2024

Federal vs state criminal charges can vary drastically. Both operate independently of each other; however, you could face criminal proceedings in both jurisdictions, with both potentially administering severe penalties. The circumstances of the accusations against you, such as where the crime occurred or if it crosses into multiple states, could play a determining factor in your case. Understanding the difference between federal and state charges can help protect you.

Federal vs State Criminal Charges

The primary difference between federal and state charges is whether the crime in question violated state law or violated federal law. If it violated state law, it will be prosecuted in state courts. It has a state interest and does not involve interstate cooperation. On the other hand, if there are multiple states involved or the crime occurred on federal property, it will be prosecuted in federal court.

If, for example, you are charged with drug trafficking and the claim is that you took drugs from Texas into Oklahoma, you could not only face federal charges for crossing state lines, but you could also face criminal charges in both states. Presenting the details honestly to your attorney can help them better prepare for your case no matter which court it is prosecuted in.

State Vs. Federal Criminal Charges

Both state and federal charges are serious. They both have the potential to face penalties, including extended jail time and hefty fines. There are, however, slight differences between both. State criminal charges might include:

• Assault
• Homicide
• Manslaughter
• DUI
• Petty theft
• Burglary
• Domestic violence
• Drug possession

Federal charges, on the other hand, are reserved for crimes with a wider scope that impact far more people than a state charge would. These charges can vary depending on the nature of the case. Some examples of crimes that can result in federal charges include:

• Drug trafficking
• Money laundering
• Racketeering
• Mail fraud
• Cyberterrorism
• Firearms offenses
• Concealed carry crimes
• Securities fraud

There are some cases where state and federal charges may intersect, and you could face both sets of charges for the same crime. In these cases, your federal criminal lawyer may be able to work out a deal where you plead guilty to the federal charges in exchange for dropping the state charges. It depends largely on the details of your case and the evidence against you.

No matter what charges you are facing, you should exercise your rights and seek the help of counsel before answering any questions. Gaining legal protection from the beginning of your case could make a difference in the outcome.

The Supremacy Clause

One of the biggest differences between state and federal charges is largely how they are perceived. When there are concerns about jurisdiction in a criminal case, the courts have to comply with the Constitutional Supremacy Clause that’s present in the U.S. Constitution. This clause states that federal law is considered a higher priority over state law, and federal authorities will often be the ones to guide a case.

This is particularly true in cases that involve drug trafficking and other interstate crimes. It can sometimes make the local law appear weak in the presence of federal agents. If you are ever faced with federal or state charges, you should immediately reach out to an experienced criminal defense lawyer who can help you make sense of the charges against you and start working on a viable defense strategy for your case.

FAQs

What Determines if a Crime Is State or Federal?

The nature of the crime typically determines if the charge for that crime is going to be state or federal. Crimes that occur within the confines of a single state’s borders are typically going to result in state charges. Crimes that involve multiple states will likely be charged at the federal level. If the crime in question violates federal laws on any level, federal agencies will likely take charge of the case, and it becomes a federal matter.

What Is the Difference Between a Federal and State Charge?

The primary difference between a federal and a state charge is whether the crime in question violated state or federal law. That determination may be made over the course of the investigation. If there is ever any question about which set of laws takes precedence over the other, federal law will generally supersede state law. Federal laws are viewed as more serious due to the involvement of the federal government.

Do Federal Charges Override State Charges?

Federal charges override state charges every time. Sometimes, federal and state investigators may share authority over a case, but largely, federal investigators have jurisdiction over state investigators when the two conflict over how to proceed with a case. The U.S. Constitution’s Supremacy Clause declares that federal law supersedes state law. Sometimes, state and federal agencies may butt heads over how to proceed with an investigation, which can cause some bumps in the road.

What Is the Difference Between the Federal Criminal Court and the State Criminal Court?

The primary difference between federal criminal court and state criminal court is the kind of cases that both entities can prosecute. Federal courts only hear matters regarding federal law, while state courts focus on state-level violations. In addition, the penalties administered by both can vary significantly, with federal courts implementing minimum sentencing standards and do not have stipulations that include parole.

Contact Our Texas Criminal Defense Lawyer

The accusation of any crime is enough to cause concern for any individual. Understanding, however, whether your case will be prosecuted in state or federal could further exacerbate the anxious feelings and stress that come with facing potential legal penalties that could impact you for life. If you are accused of a crime, you may be filled with questions such as these and many more.

At The Law Offices of Richard Kuniansky, we have the answers you need when you need them the most. Our team is ready to help regardless of the criminal charges against you. Contact us to schedule a consultation with our attorneys and get the help you deserve.