What are the Differences Between State and Federal Crimes?
Federal Crimes
If one is arrested by federal authorities and taken to a federal detention center, the likelihood is that the case will be handled in federal court. There are numerous types of offenses that fall under the category of "Federal Crimes", which include:
Smuggling Controlled Substances
Internet Crimes
Large Quantity Narcotic Conspiracy Cases
Bank Robbery and Bank Fraud
Pornography Cases
Mail Fraud/Theft from the Mail
Bribery of Public Officials
Crimes Committed on Federal Land
Interstate Crimes
In federal court, both the United States Code and the Federal Sentencing Guidelines control sentencing. Under the Guidelines, a federal judge is required to sentence according to a formula, which is a combination of the offense of conviction and the defendant's criminal history.
Once the defendant is convicted and the prior record is determined, the judge uses a chart to determine the sentence that must be imposed. Since there are only a few ways to get a downward departure from sentencing guidelines, it is imperative that you are represented by an attorney who is thoroughly familiar with federal court procedures.
State Crimes
If you have been arrested or are under investigation by a local police department, you will most likely be prosecuted in a State court. State crimes are violations of State and local statutes or ordinances. They are prosecuted in either Municipal or Superior Courts in the county in which the charges are filed, by either City Attorneys or District Attorneys. Typical examples of State crimes include:
Murder | | Drug Transportation |
Drug Sales/Distribution | | Embezzlement |
Domestic Violence & Assault and Battery | | Rape |
Robbery/Theft | | Fraud |
Controlled Substance Possession | | Sex Crimes |
Under the Influence | | Child Abuse/Molestation |
How We Can Help
State prosecutors have the authority to determine the level of charges in each individual case (i.e., misdemeanor or felony) and indeed whether or not charges will be filed at all. This is where we come in.
Our experienced, aggressive and highly skilled defense attorneys have consistently achieved outstanding results across the nation by intervening early in the criminal process in order to prevent cases from being filed or prosecuted, or by influencing the seriousness of the charges filed. If the matter proceeds to trial, our attorneys will, as they always do, obtain the best possible outcome for our clients.
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