What is the Difference Between State and Federal Criminal Cases?

State vs. Federal Criminal Cases: Understanding the Key Differences

There is a large difference between state and federal criminal cases. What do you think of when you hear that a heinous crime was committed? Most people will usually say murder, robbery, theft, rape, etc. What most people don’t realize, though, is that these crimes are violations of state, not federal, law. In fact, most criminal cases are typically violations of state laws and, therefore, will be tried in state courts. However, criminal cases that involve federal laws can only be tried in federal courts.

So, what is the difference between state and federal criminal cases, and why do these differences matter?

Criminal charges for various crimes are grouped into different classifications, such as violations/infractions, misdemeanors, or felonies. Besides this, criminal charges are also classified as either state or federal charges, which contain very important distinctions. State leaders use their local police to regulate the conduct of their civilians, as the state has the power to decide state criminal cases.

Unlike state lawmakers, federal lawmakers can only pass laws where there is some federal or national interest involved. Therefore, there are fewer classes of federal crimes and, consequently, fewer federal criminal cases overall. However, some state and federal crimes are very alike and may both be considered criminal acts. The only difference is that they breach different laws.

Keep reading to learn more about the key differences between state and federal criminal cases, including jurisdiction, punishment, and court roles. We’ll also discuss why understanding these differences is crucial for anyone involved in a criminal case.

State and Federal Courts

Establishment

States establish state courts, and within state courts, local courts are established by cities, counties, etc., and are usually included under the umbrella term “state courts.” On the other hand, federal courts are established under Article III of the United States Constitution in an effort to resolve disputes that relate to the Constitution and laws created by Congress. 

Caseload

State courts handle way more cases annually than federal courts do because the cases that federal courts take on are often of national importance (Think: the court cases that stand out to you are usually big Supreme Court cases, if the parties are not famous, of course). State courts will also interact more with civilians than federal courts will. To put this into perspective, there are about 30,000,000 cases filed in state court per year and about 1,000,000 cases filed in federal court per year. 

Scheduling 

Due to the wide variation in the number of cases heard in state versus federal courts, the schedules of these courts will also vary. For this reason, many state judges will hear more than one case in a single hearing.  This does not occur in federal courts. Schedules also differ because prosecutors in state courts will usually work toward a much faster trial process, due to the large number of cases they are assigned to. 

Jurisdiction

One of the biggest differences between state and federal criminal cases lie within each court’s jurisdiction. Generally speaking, jurisdiction makes the distinctions between which cases a court is able to hear. State courts have broad jurisdiction, where federal courts are only prohibited to hear cases that are against the United States, cases involving certain federal laws, and cases that have a “federal interest.” Federal courts will have jurisdiction over the following crimes: 

• A crime that takes place on federal land or involves federal officers; 
• A crime involving fraud, deception, or misrepresentation on the federal government or one of its agencies;
• A crime where the defendant or the criminal act crosses state lines;
• Immigration and customs violations.

Since federal courts have jurisdiction over the above-mentioned crimes, federal prosecutors only have the power to charge an individual with these crimes. Aside from that, state and federal prosecutors can charge defendants for many of the same types of crimes.

Moving from State Court to Federal Court

In some instances, a case may be moved from state to federal court. This usually occurs based on the amount of money involved, the amount/type of drugs involved, a fraudulent case on such a broad scale, and/or the level of harm that the government is alleging. Because some acts are prohibited under both federal and state laws, prosecutors may have some flexibility on whether or not to bring an action in state or federal court. 

The Defense Cannot Move a State Case

Even though the prosecutor has discretion on where to bring forth charges, this does not mean that the defense has the same discretion. The defense cannot move a case from state to federal court.  The prosecutor may do so based upon the types of investigators on the case, or the size of the case. Other times, federal prosecutors may become interested in the case for a variety of reasons (i.e., who the defendant(s) is). If this is the case, then the federal prosecutor may ask the state court to dismiss the charges brought against the defendant so that a federal court can bring forth charges instead.

Similarly, some cases that federal law enforcement agents handle are sometimes prosecuted in state criminal court rather than in federal criminal court. This usually happens when the federal prosecutors determine that the matter is better suited for state court. This can happen for a number of reasons, including:

• strength of evidence,
• lack of federal resources,
• determination that a state prosecution will lead to a better result.

Important Roles

Prosecutors

Federal prosecutors are known as Assistant United States Attorneys (AUSAs). AUSAs must first be admitted to practice before a federal court. These prosecutors generally play a more significant role in the cases they work on, particularly in relation to investigators and screenings. Also, once they file charges, it usually signifies that they believe a case is worth prosecuting.

State prosecutors typically evaluate cases after an individual has already been arrested and charged. The admissions process for federal prosecutors, compared to state prosecutors, is tougher due to the level of work, as well as the prestige and importance of federal cases. However, many state prosecutors are still just as talented as their federal counterparts. 

Defense Attorneys

For defense attorneys, an attorney must be admitted to the federal court where the defendant is being charged in order to try a case. This means that not all criminal attorneys will practice in federal courts. 

Judges 

Federal judges are very important and highly recognizable. Due to these high expectations, their caseloads are significantly smaller than those of state court judges.

In federal courts, individuals can appear before a federal magistrate judge before appearing before a federal district judge. Magistrate judges will usually hear a case after an arrest or in response to a motion. They do not have the same or full range of power that federal district judges possess.

District judges are appointed by the President, confirmed by the Senate, and will serve as judges for life. They will hear both civil and criminal cases. In contrast, state judges are usually elected or appointed by the governor for a specified number of years. 

Specific Difference Between State and Federal Criminal Cases

The types of parties involved in state versus federal courts are found below:

• Investigators: State- Local and state police; Federal- FBI, DEA.
• Prosecutors: State- Prosecuting Attorney; Federal- U.S. Attorneys.
• Judges: State- Appointed by the Governor (subject to election); Federal- Appointed for life by the President (confirmed by U.S. Senate).

Procedure

As you may guess, procedures are also different for state and federal criminal cases. There are differences in investigative procedures, as well as discovery and motion procedures.  Federal court procedures will always remain consistent, whereas state procedures will vary from state to state. This means that it is essential to retain a defense attorney who has a high level of knowledge of the federal court system for a federal case. 

Finally, cases in federal court will take longer to resolve since there are fewer of them than in state court. 

Punishment 

The most questioned distinction between federal and state courts is the punishments imposed on defendants. Those who are convicted of crimes in state courts will be faced with a wide range of punishment, including being incarcerated in a state prison. Those who are sent to prison in a federal court will go to a federal prison, as opposed to a state prison. However, some convicted individuals in federal court may be subjected to probation and/or fines. 

Sentencing Guidelines

If an individual is convicted in a federal court, they will be faced with federal sentencing guidelines. Federal sentencing guidelines are used to establish consistent sentencing practices across the same crimes. These may include mandatory minimums and enhancements.

These sentencing guidelines have been highly criticized for their level of harshness and for the typical long sentences that may result. Many scholars believe that this is a significant factor as to why federal courts have higher conviction rates.

Finally, there is no such thing as “parole” in federal courts as there is within state courts. Oftentimes, those who are convicted of a crime and sent to federal prison will serve about 85% of their sentence. 

Understanding the type of case being brought forth against you (a federal criminal case or a state criminal case) is imperative to prepare for what lies ahead and for who you should obtain as your attorney.

Why Understanding the Difference Matters

It is important to understand the difference between federal and state criminal cases for a few reasons. Here are some reasons why understanding these differences matters:

• Different procedures: As mentioned before, state and federal criminal cases have different procedures. This means that if you are facing a federal case, you will need an attorney who is experienced in handling federal cases rather than a state court attorney.
• Different punishments: The punishments for federal and state crimes can vary greatly. It’s important to know what types of penalties you could be facing so that you can properly prepare your defense.
• Different resources: Federal law enforcement agencies often have more resources at their disposal compared to state and local agencies. This could impact the investigation and prosecution of your case.
• Higher stakes: Federal criminal charges often carry steeper penalties and longer sentences compared to state charges. It is crucial to have an experienced attorney fighting for your rights and defending you in court.
• Different court systems: Federal courts operate differently than state courts, with different rules, procedures, and judges. Knowing the differences can help you navigate the legal process more effectively.

You should always consult with an experienced criminal defense attorney if you are facing any type of criminal charges. They will be able to advise you on the best course of action and help you navigate the complex legal system. Whether you are facing federal or state charges, having a knowledgeable and skilled attorney by your side can make all the difference in the outcome of your case.

Contact Us for Further Assistance

If you are a loved one has been charged with a state OR federal crime, please do not hesitate to reach out and schedule an initial consultation with an experienced federal criminal defense attorney at Fast Law, P.C. We have the knowledge and experience in the state courts of New York, New Jersey, Connecticut, and federal courts across the United States.

Our attorneys can help defend you against any criminal charges and work towards achieving the most favorable outcome for your case. We understand the complexities of both state and federal criminal cases, and we are dedicated to providing our clients with top-notch legal representation. Don’t face these charges alone. Contact us today for a consultation.