Federal Crimes vs. State Crimes: Key Differences You Should Know

Criminal cases in California typically involve violations of state law. These offenses are prosecuted in state court and managed by prosecutors and defense attorneys who are used to California laws and procedures.

The experience can be completely different when it involves a federal crime. Offenses are defined differently, defense options can vary, penalties can be significantly higher, and procedures may be considerably different. Federal crimes are prosecuted in federal courts rather than state courts, and many attorneys are not admitted to practice in federal court.

Just to add to the confusion, some offenses can be prosecuted as either state or federal crimes. If you are facing a case that could be treated as a federal crime, it is wise to work with a defense attorney experienced in both federal and state courts and to understand the key differences between federal and state crimes.

Jurisdiction

In a criminal case, jurisdiction refers to a court’s legal authorization to try the case. Jurisdiction is determined by a variety of factors, including the location where an alleged crime occurred, the type of crime or criminal law allegedly violated, and whether the court has jurisdiction over the defendant. If a court lacks jurisdiction over a case brought before it, the case must be dismissed.

Federal courts can exercise jurisdiction over a case if:

• The case involves an alleged violation of federal law
• The alleged violation occurred on federal property, or
• The case involves actions that occurred across state or international borders

California state courts have jurisdiction when a case occurs primarily in California and involves an alleged violation of California law.

Some crimes involve what is known as concurrent jurisdiction, where both state and federal courts have authority to hear evidence and decide the outcome. Both state and federal prosecutors may file charges based on the same set of circumstances. For instance, allegations of drug trafficking and weapons offenses frequently violate both state and federal laws.

Elements of an Offense

Federal and state crimes are defined by statutes, and the definitions frequently differ. The definitions in the U.S. Code and California Penal Code specify the elements that must be proven for prosecutors to gain a conviction. Sometimes, the statutes describe affirmative defenses as well.

A crime that sounds similar may be defined differently in state and federal statutes, and a seemingly minor detail can make a significant difference in defense. It is important to understand the defense opportunities available based on the particular version of the offense at issue.

Procedures

Cases may proceed very differently depending on whether they are handled as federal or state crimes. Federal criminal cases are investigated by federal agencies such as the FBI or DEA. These agencies have resources that far exceed those available to city police and county sheriff’s offices. Defending a case that has been investigated by a federal agency can be considerably more challenging for that reason.

When a crime is prosecuted as a federal offense, prosecutors may need to convene a federal grand jury to review the evidence and determine whether the government has enough evidence to charge the defendant. A proceeding in a California court could be somewhat less formal.

The rules for the introduction of evidence, pre-trial motions, negotiation of pleas, and dismissal also differ between federal and state criminal proceedings. For instance, certain expert testimony that is admissible in one court may not be admissible in the other.

Severity of Crimes and Sentencing Guidelines

Federal crimes are generally more severe than state crimes. Penalties that may be imposed after a conviction may include much larger fines and longer prison sentences. Federal courts are often bound by strict sentencing guidelines and may also enhance a sentence based on factors such as criminal history or the use of a firearm. California courts often have greater sentencing flexibility, with guidelines that may allow for more lenient penalties and options beyond incarceration.

In addition, California law provides expungement procedures that allow the records of certain crimes to be sealed, reducing the likelihood that a criminal record will interfere with future opportunities for employment and housing. Federal crimes cannot be expunged.

When an Offense Could Be Either a State or Federal Crime

Both the state of California and the federal government are considered sovereign entities with the ability to exercise authority over their residents. Because of this, if you do something that violates the laws of both, then both governments have the right to prosecute you for the crime, and that double prosecution does not violate the constitutional prohibition on double jeopardy.

In practice, many cases are tried only in one court, even when there is concurrent jurisdiction. For less serious crimes, the federal court may allow state courts to proceed with prosecution. When a state court has initiated an investigation, and the federal government wants to take over, the state agencies may step aside. Sometimes, federal and state teams will work together on a case.

These cases can become extremely complicated. With the resources dedicated to investigation and prosecution, it is vital for the person accused to work with a defense attorney experienced in both federal and state proceedings.

Berkowitz Law Understands How to Succeed in Defense in Federal and California Courts

Federal crimes are less common than state crimes, so many criminal defense attorneys have little or no experience defending against federal charges. They build a solid practice based on state criminal law.

But when you’ve been accused of committing a crime that could be prosecuted as a federal crime, it is important to be prepared to mount your best defense in both federal and state courts. The easiest way to do that is to work with an attorney experienced in securing positive outcomes against federal and state prosecutors.

At Berkowitz Law, we know how to take advantage of the best opportunities available for defense in federal courts and California courts. To learn more about the defense strategies that could work best in your situation, we invite you to schedule a confidential consultation with us as soon as possible.