Difference Between State and Federal Criminal Cases

Criminal charges usually fall under two categories, either state or federal. There is a significant difference between state and federal criminal cases.

Based on the type of offense, length of the potential prison sentence, and the resources available to the prosecution, there can be significant differences between state and federal criminal cases. 

Out of the cases filed annually in the United States, 30 million are state crimes, while only one million cases are registered as federal crimes.

State crimes are minor crimes, while federal crimes are more serious.  

It is important to know the difference between state and federal crimes and their consequences, so you’ll know how to protect yourself. Let’s get started!


State Crimes Vs Federal Crimes 

The State crimes are minor crimes or offenses that happen too often, such as robbery, theft, rape, murder, and burglary.

State crimes are described by the state criminal codes and involve state prosecution for violations of state law. Each state can have its own rules about how charges are handled. 

On the other hand, federal crimes fall under the fewer classes or classifications and must involve national or federal interest, such as counterfeiting, and are prosecuted by government agencies.

Federal crimes are much more severe and extreme than state crimes, such as federal tax fraud, identity theft, internet crimes, drug trafficking, or any crimes committed on federal property or across state lines. 

Federal crimes also cover many violent offenses that are customarily addressed at the state level, such as homicide, assault, and kidnapping. Non-violent financial crime can also be included under Federal crimes. 

It’s important to keep in mind that some crimes considered state crimes in one state can become federal if the drugs are shipped across state lines. 

Read: Impact Of Social Media Records On Criminal Cases Investigation

Read: How Do We Review A Background Check Company?

State Vs Federal Jurisdiction 

One of the key differences between State and Federal criminal cases is the court’s jurisdiction.

State courts have broader jurisdiction, as they hear all the cases not specifically selected for federal courts.

On the other hand, federal courts have limited jurisdiction and only hear cases that are against the law of the United States or a Federal interest.

State Vs Federal Defense Attorneys 

When cases go for trial on the state level, they are persecuted by a state or district attorney, while in the federal court, an attorney must be admitted to the particular federal court where the defendant is being charged. 

State Vs. Federal Judges 

In-state courts, judges have a much higher caseload as they handle both trial and appellate courts.

State judges are usually elected or appointed by the governor for a certain number of years.

Federal judges possess more power than state judges, and their caseload is also less. Federal judges are appointed by the President and serve for a lifetime. 

State Vs. Federal Enforcement 

State or local criminal cases are handled by the city’s police department, county sheriffs, or state authorities.

While federal cases are handled by agencies with the power to investigate federal offenses. The nature of the crime determines which agency is going to be involved.

Read: What Can Be Revealed In A Background Check?

State Vs Federal Punishment  

Those convicted of state crimes may face a wide range of punishments, such as being imprisoned in state prison, while those convicted of crimes in federal court are sent to federal prison, while some may be subject to fines or probation.

USW Overall Rating

Leave a Comment