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One of the most important yet least understood issues in a criminal case is who brings the charges. A person can be charged under state or federal law, depending on the nature of the alleged criminal conduct and the law(s) they were charged with violating. While criminal charges in state and federal courts both carry potentially serious penalties, there can be significant differences between them. For someone facing criminal charges in federal court, understanding these differences is crucial to mounting an effective defense.
Fundamentally, the difference between state and federal criminal charges comes down to what law or laws an individual is accused of violating. Most criminal charges are prosecuted at the state level for violations of state criminal laws. However, the United States Congress also passes laws that can form the basis for a criminal prosecution. These laws typically address national issues, such as crimes that affect interstate commerce, occurred on federal property, or were committed against the federal government and its agencies.
Federal and state courts have different jurisdictions, which establish the type of cases they can hear. Federal courts are limited to hearing cases involving alleged violations of federal laws, such as constitutional claims, federal tax violations, crimes committed across state lines, immigration violations, and certain types of fraud. State courts hear cases involving felonies and misdemeanors, such as crimes against another person, property crimes, criminal traffic offenses, drug offenses, and theft. Federal criminal cases typically involve more complex evidence, and federal convictions generally carry more severe sentences than state convictions. Someone convicted of a federal crime will serve time in a federal prison.
Federal criminal charges are filed by a federal prosecutor, known as an Assistant United States Attorney (AUSA), who operates under the United States Attorney at the direction of the U.S. Department of Justice (DOJ). Cases are investigated by federal law enforcement agencies, such as the FBI, DEA, ATF, ICE, or the SEC.
State criminal charges are generally filed by county prosecutors who operate independently within their jurisdictions and are guided by state law. Cases come from municipal police departments, the county sheriff, or state highway patrol.
Federal criminal offenses often carry more severe penalties than corresponding offenses under state law. Federal judges must follow the Federal Sentencing Guidelines, which establish mandatory minimum sentences and provide different factors a judge can consider to enhance or mitigate a sentence.
Federal criminal investigative agencies generally have more resources than state agencies, which can make defending against criminal charges in federal court more challenging. Federal investigative agencies like the FBI, DEA, IRS, ATF, and SEC often conduct lengthy, in-depth investigations that may include wiretaps and massive amounts of complex evidence. In contrast, state criminal charges are often investigated by local police departments. Federal prosecutors generally only bring charges when they have overwhelming evidence, which results in higher conviction rates.
Some of the biggest differences between federal criminal defense vs. state defense are in court procedures and sentencing. Federal criminal cases are governed by the Federal Rules of Criminal Procedure, which are more formal and highly regulated than state court procedural rules. Likewise, the Federal Sentencing Guidelines mandate strict penalties and offer judges little discretion in sentencing, often resulting in longer prison terms and harsher penalties. State court procedural rules are slightly more relaxed, and state court judges generally have more flexibility in sentencing.
If you believe you are under investigation or were charged with a crime in federal court, you must protect your rights and your future.
Being charged with a crime in federal court is serious. The stakes are high, and you need experienced legal representation. Terry Law has decades of experience defending individuals charged with crimes in the Utah federal courts. We provide the time-tested advice, guidance, and advocacy that only an experienced criminal defense law firm can offer. Contact our law office today to schedule a confidential appointment to discuss your situation with our criminal defense lawyer and how we can assist you.
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