Federal Crime Lawyer in Winston-Salem, NC

How Do Federal & State Criminal Cases Differ?

Whether you are under investigation by a federal agency or have been charged with a federal crime, you will likely wonder how your case differs from those involving state crimes. 

Below, we explore some of the key distinctions between federal and state criminal cases:

Jurisdiction

Generally, federal courts have jurisdiction over cases dealing with federal law violations, such as crimes that occur on federal land, cross state lines, or are committed against the federal government. On the other hand, state courts handle state law violations. 

Federal and state courts may both have jurisdiction over a particular offense. In these instances, one court level will commonly defer to the other depending on the nature and severity of the crime. 

Investigation & Prosecution

Federal and state agencies investigate and prosecute violations under their respective jurisdictions. Federal law enforcement agencies, such as the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA), may investigate and prosecute federal offenses. These agencies have significant resources and are aggressive in their approach. 

For state offenses, relevant law enforcement agencies will conduct investigations and handle prosecution. Make no mistake: North Carolina police departments and county sheriff’s offices do all they can to enforce the law. 

Penalties

Because federal laws tend to concern serious offenses, their penalties are often more severe. If you are convicted of a federal offense, you could face extended prison sentences, many of which come with mandatory minimums. The federal government can also seize assets obtained illegally. 

State penalties vary depending on the specific offense but may include fines, imprisonment, probation, or a combination of these things.