Sean Conway
Eric Chandler
Marcus Sladek 
Natalie Andrews
Cory J. RooneyCriminal Defense
State vs Federal Criminal Charges: Exploring the Differences
Chandler | Conway
The American legal system is characterized by a dual structure comprising state and federal jurisdictions, each with their own set of laws, courts, and law enforcement agencies. This dual system means that criminal charges can be prosecuted either at the state level or the federal level, depending on the nature and scope of the alleged crime. Understanding the differences between state and federal criminal charges is important for anyone navigating the legal landscape, whether they are defendants, legal professionals, or simply informed citizens.
Jurisdiction and Scope
One of the primary differences between state and federal criminal charges is jurisdiction, which is the official power to make legal decisions and judgments. State criminal charges arise from violations of state laws or local ordinances, which are enacted by state, county, or city government and apply within the respective boundaries. Each state has its own criminal code, which can vary greatly from one state to another.
Common state crimes include:
- Robbery
- Assault
- Theft
- Drug possession
- Driving under the influence (DUI)
Federal criminal charges, on the other hand, are based on violations of federal laws. These laws are enacted by Congress and apply across all 50 states and U.S. territories. Federal jurisdiction typically covers crimes that cross state lines, involve federal property or employees, concern federal interests, or involve federal agencies like the Federal Bureau of Investigation (FBI) or the Internal Revenue Services (IRS).
Examples of federal crimes include:
- Mail fraud
- Interstate drug trafficking
- Firearm offenses
- Bank robbery
- Terrorism
Law Enforcement Agencies
The entities responsible for investigating and prosecuting crimes differ significantly between state and federal levels. State crimes are typically investigated by local police departments, county sheriffs and state police. Prosecutions are carried out by local district attorneys, city prosecutors, or state attorney generals.
While there is overlap, as well as frequent coordination among state and federal law enforcement agencies, federal crimes are often investigated by federal agencies such as the Federal Bureau of Investigation, the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Secret Service. The prosecution of federal crimes is handled by the United States Attorneys’ Offices under the Department of Justice.
Courts and Judges
The court systems for state and federal cases are separate and distinct. State criminal cases are tried in state courts, which include trial courts (sometimes referred to as superior or circuit courts), appellate courts, and a state supreme court. The judges in state courts are either elected by the public or appointed by the governor, depending on the state’s judicial selection process. In Nebraska, our state court system is divided into a county court and a district court for each county in Nebraska. Misdemeanors and infractions are prosecuted at the county court level, and felonies are prosecuted at the district court level. In Nebraska, all judges are appointed by the governor.
Federal criminal cases are heard in federal courts, which consist of U.S. District Courts (the trial courts), U.S. Courts of Appeals (the appellate courts), and the U.S. Supreme Court. Federal judges are appointed by the President and confirmed by the Senate, serving lifetime appointments. This federal judiciary structure is designed to provide consistency and uphold federal laws across all states.
Sentencing and Penalties
One of the biggest differences between state and federal court is sentencing for criminal offenses. Sentencing for state and federal crimes can differ significantly due to variations in laws and sentencing guidelines. State sentencing is typically guided by state statutes, which can vary widely and often provide the trial judge with great discretion. Some states also have mandatory minimum sentences, three-strikes laws, or allow for parole.
Federal sentencing, however, follows the Federal Sentencing Guidelines, which aim to standardize sentencing across the country. Federal crimes can often carry harsher penalties compared to similar state crimes depending on the applicable guideline. For example, federal drug offenses frequently result in longer prison sentences due to mandatory minimum sentencing laws and the lack of parole in the federal system.
In Nebraska, there is typically much greater flexibility in a state court sentencing as compared to a federal sentencing for a similar offense.
Appeals Process
The appeals process also differs between state and federal criminal cases. In state cases, appeals are made through the state’s appellate court system, and potentially to the state’s supreme court. Only after all state remedies have been exhausted can a defendant appeal to the federal courts on constitutional grounds.
For federal cases, appeals are first made to the U.S. Court of Appeals for the respective circuit. Further appeals can be taken to the U.S. Supreme Court, although the Supreme Court hears only a small number of cases each year, typically those involving significant constitutional questions or federal law interpretations.
Double Jeopardy and Dual Sovereignty
The principle of double jeopardy, protected by the Fifth Amendment, states that an individual cannot be prosecuted twice for the same offense. However, the concept of dual sovereignty allows for both state and federal governments to prosecute an individual for the same act if the alleged criminal conduct violates both state and federal laws.
This means that a person acquitted or convicted of a crime in state court can still face federal charges for the same conduct, and vice versa. A notable example is the Rodney King case, where officers were acquitted in state court, but later convicted in federal court for civil rights violations.
Examples and Case Studies
To illustrate these differences, let’s consider drug-related offenses. A person caught with a small amount of drugs might face state charges with relatively lenient penalties, depending on the type of drugs and the applicable state law. However, if that same person is involved in transporting quantities of drugs across state lines, he or she could face federal charges and would be subject to the federal sentencing guidelines.
Another example is white-collar crime. Embezzlement by an employee of a local company is typically prosecuted under state law. However, if the embezzlement involves a federally-insured bank, it becomes a federal crime. The federal government often takes over cases involving large-scale fraud, especially when it affects interstate commerce or federal institutions.
The distinctions between state and federal criminal charges affect how crimes are investigated and prosecuted. By recognizing the jurisdictional boundaries, law enforcement practices, court structures, and applicable sentencing guidelines, individuals can better navigate the legal system, whether they are directly involved in a case, or they are seeking to understand the broader implications of criminal justice in the United States.
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The criminal attorneys at Chandler | Conway are incredibly knowledgeable and experienced in defending both state and federal criminal cases. If you are facing criminal prosecution and would like to discuss your options, please contact us by phone, email, or contact form.
You can also visit our Criminal Defense service page for more information.