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All criminal charges are divided into different categories depending upon the specifics of each crime. Some can be classified as felony or misdemeanor charges, but criminal charges are also divided into state and federal charges. Even though it may seem as if there isn’t a large difference between the two, there are very important variances when looking at state and federal charges.
The most important difference when comparing state and federal charges is jurisdiction. Those who have been charged with a federal crime will be prosecuted by federal attorneys and the federal government. Those who are charged with state crimes in Ohio will be prosecuted by state attorneys and the state government.
It’s also important to note that federal crimes carry much more severe penalties than the penalties handed down by state courts. Therefore if an individual is charged with either a state or federal crime, or is under investigation in Ohio, they should contact a Columbus criminal defense attorney that has experience with defending clients accused of federal and state crimes as soon as possible.
Many of the crimes that first come to mind like murder, theft, rape, assault, and robbery are crimes that violate state law. Typically, state legislators use law enforcement agencies and officers to enforce the law and arrest those who violate it, and the state courts are responsible for prosecuting the case and determining penalties if convicted.
If a Columbus resident is unsure if a crime is considered to be state or federal, they can look at the Ohio criminal or penal code. Legislators enact laws that create and penalize individuals for various crimes. An act that is prohibited by law is defined in the criminal statute, as well as the penalty for failure to comply with that law. An example is that murder statute section 2903.02 in Ohio states “Whoever violates this section is guilty of murder and shall be punished as provided in section 2929.02 of the Revised Code.”
Federal crimes are fewer in number since federal lawmakers can pass laws only whenever there are federal or national interests at stake, unlike state lawmakers, who can pass just about any law. For example - It is the federal government’s duty to print currency, therefore counterfeiting U.S. currency is a federal offense.
The concept of federal interest is very broad in practice. Crimes that fall under federal jurisdiction include:
Involvement of federal officers or crimes committed on federal property. - This can include murder in a national forest, theft on a military base, or assault against a federal agent such as an FBI or DEA agent.
Taking advantage of the federal government or one of its agencies through fraud, deception, or misrepresentation. - This can include crimes such as federal tax fraud, impersonating a federal agent, or Medicaid fraud.
An offender commits a crime and then crosses state lines. - This can include kidnapping and transporting across state lines, illegally distributing firearms across state lines, and transporting illegal substances across state lines.
A crime where the criminal’s conduct crosses state lines - This refers to crimes such as internet fraud that has multiple victims in different states or stalking an individual across state lines.
Customs and immigration violations - This refers to crimes such as importing child photography or international human trafficking.
Even though it doesn’t happen very often, a criminal act that violates both state and federal laws can be prosecuted in both courts. Cases like this don’t fall under the Double Jeopardy Clause. It is generally prohibited for an individual to be tried twice for the same crime under the constitutional prohibition against double jeopardy. However, there is an exception for “separate sovereigns”. Due to the separate nature of federal and state governments, the Double Jeopardy Clause does not apply to them. An example of this is that four Los Angeles Police Department officers were acquitted of beating Rodney King during a traffic stop in 1992 by a jury in California state court. However, the federal government later prosecuted and convicted two of the officers for violating King’s constitutional rights by federal prosecutors.
State laws can prohibit dual sovereign prosecutions even though the Constitution allows such prosecutions. If federal law has prosecuted the same criminal act and both state and federal laws were designed to prevent the same types of harm, a state may prohibit a state prosecution. Since state and federal resources are limited, dual prosecutions like these are rare.
State charges are typically less severe than federal charges for a variety of reasons. In many cases, offenders in Ohio are not prosecuted at the federal level. However, there are a few things that individuals should know pertaining to the increased severity of federal crimes over state crimes.
Attorneys have considerable discretion in negotiating plea bargains at the state level. In the interest of avoiding a trial, more serious offenses are often reduced or eliminated. Sentencing is also subject to considerable discretion on the part of state judges. There is a possibility that a state judge will use alternative sentencing, such as probation or house arrest if the offense does not carry a mandatory minimum punishment. However, federal judges are bound by strict sentencing guidelines, which makes the offender's chance of avoiding prison less likely.
Typically, charges at the state level carry less prison time than at the federal level. Additionally, federal penalties require harsher sentences than the equivalent charge being tried on a state level.
There are almost always potential enhancements to federal charges. An example of an enhancement is the use of the internet when committing a crime. In fact, most federal crimes involve some form of computer technology. It is possible for these enhancements to result in dramatically increased penalties during sentencing.
If you are under investigation or charged with a federal or state crime, you should speak with an experienced criminal lawyer. Federal court rules are very different from those applied in state court, therefore it is important to consult an attorney with experience representing people in federal court. It is important to hire an attorney who has experience defending similar cases in the court where the charges were filed. An attorney can assist you in navigating the criminal justice system and achieving the best possible outcome in your case, regardless of whether it is in state or federal court.
