Comparing State and Federal Felony Cases: Key Differences
When it comes to distinguishing between state and federal felony cases in the USA, it becomes very complex for any layman to understand. Some criminal cases are tried in state courts, while others are tried in federal courts. In rare cases, a single case may be jointly tried in both courts.
As a defendant facing federal criminal charges and being tried in a federal court, you may be wondering why this is so. In this blog, the Nagra Law Firm will take you through a detailed account of the key differences between state and federal felony cases.
Laws The Cases are Based On
The first fundamental difference between state cases and federal cases lies in the laws they are based on and the level of government involved.
State Felony Cases
Crimes that violate state laws are prosecuted by the state government. However, this doesn’t mean that a state violation isn’t also a federal violation. Many state crimes also qualify as federal crimes. Whereas, state laws vary from one state to another, what might be a crime in one state may not be a crime in another. A common example of this variation can be found in abortion laws: many states in the USA consider abortion a crime, while it is legal in others. Murder, robbery, burglary, and drug trafficking are some examples of state crimes that are almost the same across all states.
Federal Felony Cases
Crimes that violate federal laws are prosecuted by the federal government. Federal laws apply across the country, and there are no exceptions to federal laws across any of the states. Areas like terrorism, drug trafficking across state lines, crimes that involve crossing state borders, and crimes that are large in scale and pose a national security threat can be classified as federal cases. The involvement of the federal government is significant in federal cases, and such cases are investigated by the FBI, DEA, or ATF.
If you are facing criminal charges and are unsure whether the violations are state or federal, the best course of action is to approach a criminal attorney in Sacramento and discuss your case details with them.
Jurisdiction Over Crimes
The second and most fundamental difference between state and federal cases is the jurisdiction of the crimes. Jurisdiction, in simple terms, refers to the authority of a particular court to hear a case.
State Felony Cases
State courts usually have much broader jurisdiction over several crimes. Crimes such as murder, assault, theft, drunk driving, and drug possession are adjudicated by state courts. When a crime is committed within state borders and does not violate any federal laws, the case will be heard by a state court, and a criminal attorney can represent the defendant in such cases.
Federal Felony Cases
Federal courts have very limited jurisdiction. Crimes that violate federal laws are mainly tried by federal courts. Federal violations such as tax evasion or mail fraud, violations that occur on federal lands like a national park, violations that involve federal officials as defendants or victims, and violations across state lines, like interstate drug trafficking, are tried by federal courts. If state laws are challenged, such cases may also be heard in federal courts.
Establishment of State and Federal Courts
The third key difference between state and federal felony cases is the establishment of the courts in which they are tried;
State Felony Cases
States establish state courts within their jurisdiction, while cities and counties establish local courts. All these different establishments are commonly referred to as ‘state courts’. If you are facing state criminal charges, you may hire one of the best criminal defense lawyers in your state.
Federal Felony Cases
Federal courts are established by Article III of the Constitution of the USA to resolve disputes related to the Constitution and laws created by Congress. If you are facing federal criminal charges, you can hire a defense attorney lawyer who has passed the state bar exam and is admitted to practice in a specific federal court.
Prosecution of Crimes
State and federal prosecutors file charges in different situations. The situations can be broadly described, as we have discussed in the above sections.
State Felony Cases
In state cases, state prosecutors, such as district attorneys and state attorneys general, file charges for violations of state criminal laws, including crimes like assault, robbery, and drunk driving. If you are facing a state felony case, you can protect your rights and defend yourself before the state court by hiring an experienced criminal defense attorney like Mr. Nagra from the Nagra Law Firm.
Federal Felony Cases
Federal cases are prosecuted by federal prosecutors who work for the U.S. Department of Justice. As discussed above, federal prosecutors file charges for crimes such as tax evasion, interstate drug trafficking, and civil rights violations. Some criminal incidents may qualify for charges under both state and federal laws, and prosecutors have discretion over where charges are to be filed in such dual jurisdiction cases. An example of a dual jurisdiction case would be certain acts of physical violence that can be prosecuted by both state and federal courts.
Criminal Trial and Sentencing
The core process of a criminal trial is similar in both state and federal cases. Jury selection, opening statements, witness testimony, and closing arguments are processes that are mostly similar between the two; however, there may be a few minor variations between the courts. Your criminal defense lawyer can explain these differences in detail if you have any doubts regarding them.
The differences, however, are very apparent in sentencing styles between state and federal courts:
State Felony Cases
Judges have discretion in state cases and wider sentencing options. Sentences may range from probation to fines and long-term prison time. Incarceration for state crimes leads to serving time in a state prison.
Federal Felony Cases
Federal judges have fewer discretions and must stay within the limits of federal laws when sentencing. Federal crimes have mandatory minimum sentences set by federal law. Incarceration for federal crimes leads to serving time in a federal prison.
Understanding these key differences between state and federal criminal laws in the USA can help a defendant take the next step in their defense strategy. Consulting with an experienced criminal defense attorney is crucial in both state and federal criminal cases and may help defendants protect their rights.
Contact Mr. Nagra from the Nagra Law Firm today and get your First Consultation Free!