Being charged with a crime is an overwhelming experience, no matter the circumstances. However, not all charges are alike, especially when it comes to whether your case is handled at the state level or in federal court. That distinction can have a major impact on how your case unfolds, the penalties you face, and the strategy you and your defense attorney use. Understanding the differences between federal and state charges is crucial for protecting your rights and making informed decisions about your defense.
What’s the Difference Between Federal and State Charges?
One primary difference between federal and state charges is who prosecutes the case.
State Cases
State charges are brought by a state or local prosecutor, such as a district attorney or county attorney, under state law. These charges typically stem from violations of state criminal codes, like theft, assault, or DUI.
Federal Cases
Federal charges are filed by federal prosecutors, typically from the U.S. Attorney’s Office, in accordance with federal law. These cases usually involve violations of federal statutes, crimes that cross state lines, or offenses that impact national interests. Common federal charges include wire fraud, mail fraud, tax evasion, securities fraud, and conspiracy.
Jurisdiction and Investigative Agencies
The jurisdiction of the court depends on whether a law allegedly broken is federal or state. This determines who will investigate and prosecute the case.
State Cases
State cases are usually investigated by local or state police departments.
Federal Cases
Federal cases are typically investigated by federal agencies, including the FBI, DEA, IRS, SEC, and ATF. These agencies often have more resources and time to build complex cases, particularly in white-collar matters.
Complexity of the Charges
Federal cases are often more complex than state cases, especially in white collar defense.
Federal Cases
Federal prosecutors tend to handle large-scale investigations involving thousands of documents, electronic records, and extensive surveillance. The government may spend months or even years preparing a federal case before filing charges.
State Cases
State cases, although serious, typically involve simpler facts and shorter timelines. While this may not always be the case, federal cases usually require a more comprehensive defense strategy due to the substantial resources the government invests in prosecution.
Penalties
Another major difference is the potential penalties that may be imposed if convicted.
State Cases
State penalties vary widely depending on the state, but they often include jail or prison time, probation, fines, and community service. Many states also offer diversion programs or alternative sentencing for first-time offenders.
Federal Cases
Federal penalties can be far more severe. The federal sentencing guidelines can impose lengthy prison terms, hefty fines, forfeiture of assets, and restitution orders. In many white collar cases, federal sentences can include years or decades of imprisonment, even for defendants with no prior criminal record.
Sentencing Guidelines
Federal Cases
Federal courts follow the United States Sentencing Guidelines, a complex set of rules that calculate recommended sentencing ranges based on the offense and other factors, such as the amount of financial loss or the defendant’s role in the crime. Although judges have some discretion, the guidelines have a significant influence on federal sentencing.
State Cases
State courts use their own sentencing schemes, which often provide judges with greater flexibility in determining sentences. In some cases, this means a state judge may have more discretion to consider mitigating circumstances.
Contact The Law Office of Aaron L. Wiley To Learn More
If you’re under investigation or have been charged with a federal crime, do not wait to learn more about the options you have. Early intervention can significantly impact the outcome of your case.
Contact The Law Office of Aaron L. Wiley today for a confidential consultation. Let us help you understand your rights and options and start building the defense you deserve.