Federal crimes vs state crimes: what's the difference

When most people think about crime, they think about state crimes. However, there are also federal crimes, which are prosecuted in federal courts. What's the difference between state and federal crimes? And what happens if you're charged with a federal crime? In this blog post, we will discuss the differences between state and federal crimes, and outline the process of being charged with a federal crime.

• Federal vs state jurisdiction in Texas
• The process of being charged with a federal crime
• The process of being charged with a state crime
• Consequences of a federal crime vs state crime
• The bottom line

The majority of criminal cases in the United States are prosecuted by state courts, not federal courts. This is because the Constitution gives state governments the power to create their own criminal laws. Federal criminal laws are those that are created by the federal government. In order for a crime to be prosecuted in federal court, it must be a federal crime.

So, what's the difference between state and federal crimes? Generally speaking, state crimes are less serious than federal crimes. Federal crimes are typically reserved for more serious offenses, such as terrorism, drug trafficking, bank robbery or other crimes that are considered federal or national interest. State crimes can include things like burglary, assault, and DUI.

Another difference between state and federal crimes is that federal crimes are typically prosecuted by the federal government, while state crimes are prosecuted by state governments. This means that if you're charged with a federal crime, you'll likely be tried in federal court. If you're charged with a state crime, you'll likely be tried in state court.

However, state and federal laws overlap sometimes, but usually state laws will take precedence. For example, if you're charged with embezzlement in Texas, you will be prosecuted in state court, even though embezzlement is also a federal crime.

Also, when the crimes committed were in multiple states, the federal government has jurisdiction and they consider that the crime happened on federal property. For example, if you commit a bank robbery in Texas and then flee to Louisiana, you can be charged with both state and federal crimes.

State and Federal courts in Texas

If you're charged with a federal crime, you will be tried in federal court. If you're charged with a state crime, you will be tried in state court. In Texas, there are two federal courts: the Northern District of Texas and the Southern District of Texas. These two courts are responsible for handling federal criminal cases in Texas.

The federal court system is different from the state court system. For example, in federal court, you have the right to a jury trial, and you can be tried by a jury of your peers. In state court, you may not have the right to a jury trial, and you may be tried by a judge instead of a jury.

You might want to read: What to Do If You Have Been Charged with a Federal Crime: A Guide

If you're charged with a federal crime, you'll likely be arrested by a federal agency. Federal law enforcement includes agencies like the FBI, the DEA, and the ATF. Once you're arrested, you'll be brought to federal court, where you'll be tried. If you're convicted of a federal crime, you'll be sentenced according to federal sentencing guidelines.

Federal crimes are typically more serious than state crimes, and are prosecuted by the federal government. If you're charged with a federal crime, you'll be tried in federal court. If you're convicted of a federal crime, you'll be sentenced according to federal sentencing guidelines.

Also, federal prison is different from state prison. Federal prisons are run by the federal government, while state prisons are run by state governments. Federal prisons are typically more secure than state prisons, and have more inmates serving longer sentences.

Federal prosecutors have a high burden of proof, and must prove that you're guilty beyond a reasonable doubt. Keep in mind, if you're charged with a crime, you should always speak to an attorney. An experienced criminal defense attorney can help you navigate the criminal justice system, and will fight for your rights.

Examples of federal crime

When it comes to federal crimes, there are many different types of federal crimes. Some of the most common federal crimes include:

• Drug trafficking
• Money laundering
• Bank robbery
• Terrorism
• Fraud
• Bribery
• Child pornography

For federal crimes, there are mandatory minimum sentences that must be imposed if you're convicted. This means that the judge does not have discretion when it comes to sentencing, and must give you a minimum sentence. For example, if you're convicted of drug trafficking, you will be sentenced to a minimum of five years in federal prison.

Federal judges also have the authority to sentence you to life in prison, or even the death penalty.

Examples of state crimes

When it comes to state crimes, there are many different types of state crimes. Some of the most common state crimes include:

• DUI
• Assault
• Theft
• Burglary
• Prostitution

For state crimes, there are usually no mandatory minimum sentences. This means that the judge has discretion when it comes to sentencing, and can give you a lighter sentence if they believe it's warranted.

In order to decide if someone has to go to a state or federal court, the lawmakers have to agree on whether the state or federal government has more power, or "jurisdiction."  If they think that the state government has more power, then the state court will have the final say. If they think that the federal government has more power, then the federal court will have the final say.

The state and federal government also have different consequences for crimes. The state government usually has less serious punishments, like community service or probation. The federal government usually has more serious punishments, like prison time or the death penalty.

Whichever the case is, a criminal record can follow you for the rest of your life, and make it difficult to get a job, housing, or loans. That's why it's so important to speak to an experienced criminal defense attorney if you've been charged with a crime.

An experienced criminal defense attorney can help you navigate the criminal justice system, and will fight for your rights. If you've been charged with a crime, contact an experienced criminal defense attorney today.

Also read: How to Choose a Federal Criminal Defense Attorney: What You Need to Know

Federal crimes are typically more serious than state crimes, and carry more severe punishments. If you're charged with a crime, it's important to speak to an experienced criminal defense attorney who can help you navigate the criminal justice system.

An experienced criminal defense attorney will be familiar with state and federal law, and can help you understand the difference between state and federal crimes. If you've been charged with a crime, contact The Law Office of Rolando Cantu. Our experienced attorney can help you fight for your rights, and ensure that you receive a fair trial. Contact us today to schedule a free consultation.