What Are the Differences Between Federal and State Crimes?
Federal and state crimes differ primarily in terms of the laws violated, the jurisdiction of law enforcement and courts, and the potential consequences that you can face. At The Rickman Law Firm, our Tampa federal criminal defense lawyers are experienced in handling cases both at the state and federal levels.
Jurisdiction and Governing Laws
Federal crimes are violations of U.S. federal laws. These laws, enacted by Congress, apply nationwide. Federal crimes often involve activities that cross state lines, impact federal interests, or occur on federal property. Some examples include drug trafficking, mail fraud, and counterfeiting.
State crimes violate state laws, which are established by state legislatures. These laws apply only within the state’s borders. Crimes such as robbery, assault, and burglary are usually prosecuted under state law, and state and local police agencies are responsible for investigating these crimes.
Prosecution and Courts
Federal crimes are prosecuted by U.S. Attorneys in federal district courts. These courts operate under the U.S. judicial system and adhere to federal procedural rules. Defendants in federal cases may face a jury composed of residents from various parts of the district rather than their own community.
On the other hand, state crimes are prosecuted by district attorneys or state prosecutors in state courts. Each state has its judicial system and procedural rules, which the federal criminal defense lawyers in Tampa with The Rickman Law Firm are well-acquainted with. State court juries are typically drawn from the local community.
Sentencing and Penalties
Sentences for federal crimes are determined according to the Federal Sentencing Guidelines, which are utilized to create uniformity in sentencing. Penalties for these crimes can be severe and include lengthy prison terms, significant fines, and supervised release if applicable. Federal prisons are often located far from the defendant’s home state and can have additional long-lasting implications on one’s ability to secure and maintain a job, and housing.
State sentences are determined based on state laws and sentencing guidelines, which can vary widely from state to state. Penalties may include imprisonment in state or local facilities, fines, probation, and community service. State prisons are generally located within the state, and potentially closer to the defendant’s community.
Investigative Agencies
Federal crimes are investigated by federal agencies such as the FBI, Drug Enforcement Administration (DEA), and Bureau of Alcohol, Tobacco, Firearms and Explosives, whereas state crimes are investigated by state police, local police departments, and other state-specific agencies.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
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