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The Difference Between State and Federal Criminal Charges

On Behalf of | Dec 23, 2024 | Firm News

The Difference Between State and Federal Criminal Charges

When facing criminal charges, one key question is whether your case will be handled at the state or federal level. The distinction matters because state and federal cases differ in jurisdiction, penalties, and court processes.

State vs. Federal Crimes

State Crimes: Violations of state laws, such as theft, assault, or drug possession. These cases are handled in state courts and investigated by local or state law enforcement.
Federal Crimes: Violations of federal laws, like mail fraud, drug trafficking, or crimes on federal property. These are prosecuted in federal courts and investigated by agencies like the FBI or DEA.

Key Differences

  • Courts: State cases are heard in local or state courts, while federal cases go to U.S. District Courts with federally appointed judges.
  • Penalties: Federal crimes often carry harsher penalties, including longer prison sentences and stricter sentencing guidelines.
  • Jurisdiction Overlap: Crimes like drug offenses or firearms violations may fall under
    both state and federal jurisdiction, depending on the specifics.

Why It Matters for Your Defense

The level at which your case is prosecuted impacts your defense strategy. Federal cases are more complex and require an attorney experienced in federal law, while state cases often offer more flexibility for plea deals or alternative sentencing.

Whether you’re facing state or federal charges, having a skilled attorney is essential. At SMC Law Firm, we have experience defending clients in both systems. Contact us today for a consultation—we’re here to protect your rights and fight for your future.