The experience of facing criminal charges can be very different depending on whether we are talking about federal charges or state charges. While both systems aim to hold people accountable for breaking laws, the differences between state and federal criminal charges can significantly impact how a case proceeds and the penalties involved. Let’s break down these distinctions to help you navigate this complex landscape.
Jurisdiction: Who’s in Charge?
The defining difference between state and federal charges lies in jurisdiction—who has the authority to prosecute the case.1
State Charges
- State crimes violate laws passed by state legislatures.
- Cases are handled by local police, county prosecutors, and state courts.
- Crimes include violations like theft, burglary, assault, and DUI.
Federal Charges
- Federal crimes violate laws passed by Congress and often involve broader national interests.
- Federal agencies like the FBI, DEA, or ATF handle investigations, with cases prosecuted by U.S. Attorneys in federal courts.
- Crimes include drug trafficking across state lines, immigration offenses, and internet fraud.
The Nature of Offenses
State crimes generally pertain to local interests, while federal crimes involve broader or national concerns.
Examples of State Crimes:
- Murder
- Robbery
- Drug possession
- Arson
Examples of Federal Crimes:
- Identity theft
- Tax evasion
- Organized crime
- Mail fraud
Overlap: Some offenses, like drug trafficking or firearms crimes, can violate both state and federal laws, leading to charges in either or both systems.
Differences in Penalties
Federal crimes often carry harsher penalties compared to state crimes.
- Federal Sentencing Guidelines ensure consistency across the U.S., often leading to longer sentences and higher fines.
- State penalties vary depending on the jurisdiction, but they tend to offer more flexibility in sentencing.
- It is worth noting that in states like Arizona, the sentencing scheme can appear much harsher than the federal sentencing scheme in that sentencing ranges in Arizona are mandatory, whereas in the federal system the sentencing guidelines are advisory. Judges in the federal system are much freer to impose whatever sentence they view as fair than their Arizona counterparts who are bound to the sentencing ranges set by the legislature.
Investigative Resources
Federal agencies typically have greater resources to investigate crimes, using specialized teams for areas like cybercrime or terrorism. State law enforcement, while skilled, may have more limited tools or budgets for complex investigations. Defending a criminal case is very much a battle between David and Goliath, and the federal system is simply a much larger Goliath.
Differences Between the States
It’s important to note that the differences between federal and state systems can sometimes pale in comparison to the variations among states. Arizona laws and procedures might differ significantly from those in other states, making it essential to work with someone who knows the local system.
Conclusion: Navigating State vs. Federal Charges
Understanding whether your case falls under state or federal jurisdiction is a crucial first step in protecting your rights. In the next part of this series, we’ll explore what happens if you’re facing charges in federal court and how to approach your defense.
If you or a loved one are dealing with criminal charges in Arizona, contact my office today. As an experienced defense attorney licensed in Arizona, I’ll work with you to understand your case, explain your options, and build the strongest possible defense.
Disclaimer: This blog post provides general legal information and is not specific legal advice. I am licensed to practice law in Arizona, and the information provided here pertains to Arizona law. Consult an attorney in your state for guidance on your specific situation.
- This leads to an interesting discussion about how Double Jeopardy works in conjunction with the principle of dual sovereignty. For more on this check out my past blog post, “How Does Double Jeopardy Work?” ↩︎
