Crimes in the United States fall under one of two jurisdictions: Federal and State. The differences can be confusing and when it comes to your own legal justice, you can never be too informed.
If you want to learn more about the differences between state and federal crimes, and how those differences affect the legal process, read this article for a simple guide.
State Crimes and Laws
Each individual state is responsible for their own constitutional laws. While these laws often overlap with federal laws, they are contingent upon state legislature and vary from location to location. For example, murder is illegal in all 50 states, but the definition of the crime varies, as does classification (first degree, etc.) and the severity of sentencing.
State laws are upheld by officers like policemen, county sheriffs, or other state officials.
State crimes are handled by state prosecutors, often called district or state attorneys. Both state and federal criminal defendants have a right to a government-paid attorney if they’re unable to afford counsel of their own. Public defenders for state crimes come either from the county Public Defender’s office, or are privately contracted by the state.
State judges face re-election after appointment, and it’s common to see multiple judges throughout a single case depending on the state and its legal process. For example, you may have a different judge during pretrial motions than you do during the actual trial.
There is a large variance in the type of punishment each state uses for different crimes. State judges determine sentences by either following state sentencing guidelines, or by consulting the suggested minimum and maximum sentence for the infraction as dictated by the state legislature.
Federal Crimes and Laws
Beyond state law, there is federal law. The qualifications for a federal crime include:
- Crimes on federal land or against federal officers.
- Crimes which occur across state lines (an identity thief in New York targeting someone in L.A. over the internet) or where the defendant travels across state lines during the course of the crime (carrying narcotics from Arizona to Nevada).
- Immigration and custom violations are also under federal jurisdiction.
Federal laws and crimes have their own unique processes much like the state processes described above. Federal crimes, for instance, are investigated by federal officials from agencies like the DEA and FBI, not local police.
Federal criminal defendants are still entitled to legal counsel, this time from the Federal Public Defender’s office. A federal criminal defense attorney is highly recommended, as the punishments for federal offenses tend to be more severe than at the state level. You will especially need a great federal criminal defense lawyer for multiple federal felony cases or cases of broken parole or probation.
Federal judges are appointed for life by the president, and are supposed to determine their sentences strictly from federal sentencing guidelines. Understanding the sentencing guidelines to the crime you’ve been accused of can help you develop a defense strategy.
What Happens When They Overlap?
Put simply, double-jeopardy does not apply to state and federal crimes, as they are considered an exception under “separate sovereignty”. Typically, however, officials determine whether a case is better suited for state or federal prosecution, and the case will be tried in that jurisdiction.
State VS. Federal Incarceration
State and federal prisons are usually used to incarcerate those convicted of felonies or those with sentences longer than 12 months. The exact definition of a prison and what occurs there varies by state, while federal prisons are uniform.
There are fewer federal prisons than state prisons, and federal prisons are more often used for “white-collar” and political criminals. Violent offenders most often find themselves in state prisons.
In Summary
A crime is decided to be under state or federal jurisdiction depending on where it was committed, and which law(s) it breaks.
State laws vary, while federal laws are applicable anywhere in the country, and especially on federal property. Depending on which jurisdiction prosecutes your case, you will need a specialized defense attorney.
Finally, remember to check the sentencing guidelines for your particular case in order to better prepare and defend yourself. These guidelines are used by all federal judges and most state judges to determine your future!