What is the Difference Between a State and Federal Crime?

In the United States, when an individual breaks the law they may be committing either a state or federal crime. These two are different in many ways. While they may share some similarities, if you are facing criminal charges it is important to understand the difference between a state and federal crime. Continue reading and work with a Mercer County criminal defense lawyer for skilled representation and legal advice.

What is a Federal Crime?

Federal crimes are violations of United States federal laws. When a crime violates federal statutes, occurs on federal property, or affects national interests, the federal government has jurisdiction over how the charges are handled.

Some common examples of federal offenses include the following.

• Money laundering
• Counterfeiting
• Drug trafficking
• Child pornography
• Identity theft
• Blackmail
• Bank robbery
• Armed robbery
• Perjury
• Hijacking an airplane
• Taking hostages

What is a State Crime?

State crimes are offenses that violate the laws of a state’s criminal code. These crimes are committed within state lines. Each state has its own set of laws, so rules and penalties can vary widely depending on where you are.

What is the Difference Between a State and Federal Crime?

Below are some key differences between state and federal crimes.

Laws

One of the most notable differences between state and federal crimes is how the laws are created. Each state has its own code that determines what constitutes a crime within that state and how each offense can be penalized. Federal crimes, however, are defined by laws passed by Congress.

Enforcement

In terms of enforcement, the two also differ. State and federal crimes are investigated and prosecuted by different authorities. When a state crime is committed, local law enforcement agencies like police departments or the state police generally look into the matter and make an arrest. The defendant is prosecuted by local district attorneys or state attorneys in state or local courts.

Federal crimes are generally investigated and prosecuted by federal agencies like the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), or Department of Homeland Security (DHS). Federal prosecutors, referred to as U.S. Attorneys, handle the prosecution in federal courts.

Penalties

Another important difference between state and federal crimes is penalties and sentencing guidelines. In general, federal penalties are more severe than state. The penalties for state crimes depend on the specific state’s laws and the severity of the offense. Most states use terms like misdemeanor or felony to categorize crimes. New Jersey instead uses disorderly persons offense and indictable crime, respectively. State judges generally have the flexibility to alter penalties as long as they remain within the sentencing guidelines. Federal crimes often result in harsher penalties like longer prison sentences, larger fines, and less leniency.

For more information or representation during your case, contact an experienced defense attorney today.