Key Differences Between Federal and State Criminal Charges

You hear someone’s been charged with a crime, so naturally, you want to know: is it federal or state? For most people, that question feels like a technicality until they, or someone they love, gets charged. Then, it’s no longer academic. The courtroom you land in could determine how serious your case becomes, how long you could face behind bars, and who will be knocking on your door to investigate.

Federal and state criminal charges may seem like two sides of the same coin, but the systems operate by different rulebooks. The crimes may look similar on the surface, but behind the scenes, prosecutors, penalties, and the pace of the case will vary.

Read on to break down what separates state and federal charges, and why the difference can change everything about your defense.

Understanding the basics: Federal vs. state criminal charges

In the simplest terms, state crimes break state laws. Federal crimes break federal laws. That’s the easy part. Now for the messier reality.

State courts handle the bulk of criminal cases. If you get pulled over for DUI, get into a bar fight, shoplift, or commit most violent crimes, you’ll likely find yourself in state court. State laws cover everything from assault to theft to drug possession, and state prosecutors take it from there.

Federal charges involve violations of federal statutes passed by Congress. These are cases where national interests, federal property, or crimes crossing state lines come into play. When you hear about the FBI or the United States Attorney’s Office getting involved, you’re probably looking at federal charges.

The same act can sometimes land in both courts, which is where cases get more complicated.

What makes crime a federal offense?

Not every serious crime jumps straight to federal court. Federal charges usually kick in when a crime crosses specific legal lines. For example:

• The crime crossed state or national borders.
• Federal property, employees, or agencies were involved.
• Federal agencies investigated the case.
• The crime violated a specific federal statute.

Think about it like this: robbing your neighborhood grocery store? State crime. Robbing a federally insured bank? Federal crime. Selling drugs on a street corner in your neighborhood? Likely state charges. Trafficking drugs across multiple states? You’ve got the DEA’s attention.

Some crimes are federal from the get-go, including:

• Tax evasion
• Wire fraud and securities fraud
• Mail fraud
• Immigration violations
• Terrorism
• Child pornography

According to the United States Sentencing Commission, federal courts handled 57,377 federal cases in 2021, with drug, firearm, and immigration offenses making up the bulk of their caseload.

Examples of state-level criminal charges

State courts are where most people end up if they’re charged with a crime. State-level cases make up the majority of criminal prosecutions nationwide. You’re usually looking at state charges for the following crimes:

• DUI and traffic violations
• Assault, domestic violence, or simple battery
• Homicide and manslaughter
• Theft, robbery, burglary
• Drug possession or small-scale drug sales
• Sexual assault and related offenses

State courts also handle juvenile cases, probation violations, and parole issues. While federal court may sound intimidating, make no mistake that state charges can be just as serious. Murder, major theft, and violent assaults all carry stiff sentences under state law.

Jurisdiction matters: Who investigates and prosecutes?

Here’s where the two systems start feeling different.

State cases usually start when local police or state troopers make arrests. The case gets handed off to the county prosecutor or the district attorney’s office. Everything stays local: police, prosecutors, and judges.

On the other hand, federal cases often start with federal investigations that can last for months or years before arrests happen. Federal agencies include:

• The FBI
• The DEA
• The ATF
• Homeland Security
• IRS Criminal Division

When these agencies build a case, it goes to a United States attorney, a federal prosecutor who works directly for the Department of Justice.

Federal investigators often have deeper pockets, broader investigative powers, and access to specialized resources that state authorities don’t have. That means federal cases are more detailed, complex, and more challenging to defend if you’re not prepared.

Sentencing differences between federal and state courts

The way you’re sentenced in state versus federal court may be the most significant difference of all.

State courts allow judges more flexibility. Many state systems offer probation, diversion programs, community service, or suspended sentences, especially for first-time offenders or non-violent crimes. A state judge may have discretion to factor in your circumstances.

Federal court is less forgiving. Federal judges use the Federal Sentencing Guidelines, a point system that calculates your punishment based on:

• The severity of your crime
• The details of how you committed it
• Your prior criminal history

Federal judges often have little room to deviate, mainly when mandatory minimums apply. Early release and parole are limited. And federal prison sentences tend to be much longer. According to the Bureau of Justice Statistics, the average federal drug trafficking sentence runs over five years, far longer than many comparable state-level sentences.

Double trouble? Can you be charged at both levels?

Unfortunately, yes.

Thanks to dual sovereignty, both state and federal governments can prosecute you for the same conduct without violating double jeopardy protections.

It’s rare, but it happens sometimes, usually when a case involves serious civil rights violations, high-profile corruption, or widespread public safety issues. For example, a police officer accused of using excessive force may face state assault charges while also being federally charged with civil rights violations. Or a large-scale drug dealer may face state drug possession charges and federal trafficking charges.

The scary part is that each court system operates independently. You could theoretically serve back-to-back sentences for both.

Why do you need a defense attorney who understands both systems?

Defending a federal case isn’t the same as defending a state case, and when both systems are involved, it takes a knowledgeable legal team to navigate both areas skillfully.

An experienced criminal defense attorney can:

• Analyze whether the state, federal, or both have jurisdiction
• Negotiate with prosecutors to potentially limit which system proceeds
• Fight aggressively during federal sentencing negotiations
• Challenge the admissibility of evidence collected by state or federal agents
• Protect your constitutional rights every step of the way

If you’re under investigation or facing charges in either state or federal court, contact Drew Cochran Attorney at Law now. The sooner you have a defense strategy in place, the better your chances of safeguarding your future.