It may be difficult to understand the distinctions between federal and state crimes. Criminal courts can disagree regarding where a crime should be prosecuted because laws in the criminal space frequently overlap. Some crimes are classified as federal offenses, and others as state offenses in the United States. It is important to understand the distinction between federal and state crimes.
What Are State Crimes?
State legislators pass legislation that defines and punishes different offenses. Some state crimes include murder, burglary, rape, arson, robbery, and theft. Most of the state’s crimes are in the state’s penal or criminal code.
What Are Federal Crimes?
There are fewer categories of federal crimes because federal lawmakers can only enact laws when there is a federal or national interest at risk, unlike state lawmakers who can pass nearly any law (subject to judicial review for constitutionality). For instance, counterfeiting U.S. cash is a federal crime since it is the responsibility of the federal government to create money.
There Are Differences in State and Federal Charges
Assistant U.S. Attorneys bring criminal cases against federal offenses, and FBI, DEA, or ICE agents conduct investigations. A person accused of a federal offense will appear in federal court before a federal judge, who the U.S. president chooses for a lifetime appointment.
State district attorneys or city attorneys investigate state offenses with the help of county sheriffs, state agents, or local police officers. A local or state judge will preside over a case in state court where someone is charged with a crime.
There Are Differences in State and Federal Penalties
Federal judges often abide by the advisory sentencing recommendations made by the federal government when determining defendants’ sentences. Federal sentences are typically longer than state sentences. Federal drug crimes, in particular, entail severe mandatory minimum penalties.
Federal prisons are managed by the Federal Bureau of Prisons and are where those convicted of federal offenses will serve their prison terms. The defendant will spend time in a municipal or state prison if convicted of a state crime. Every state has a different punishment system, although many send criminals convicted of misdemeanors to county jails and felony offenders to state prisons.
In conclusion, consult a criminal defense lawyer if you are charged with either state or federal crime.