Charlotte Criminal Lawyer Blog
What are the Differences Between State and Federal Criminal Charges?
There are many laws in place that include both state and federal charges. Most of the crimes that people commit are state laws, while some crimes are federal. When someone is arrested, the court will determine whether they are accused of committing a state or federal crime. Then, the appropriate charges will apply. There are some differences between state and federal criminal charges. An experienced criminal defense attorney will handle all types of criminal charges, including state and federal.
In this informative video, Managing Member Matt Arnold of Arnold & Smith PLLC breaks down the key differences between state and federal criminal charges.
Common Types of State Crimes
State crimes are those that break state laws. In general, the majority of crimes committed are state offenses. These are typically misdemeanor crimes. Some examples of state crimes include theft, robbery, minor drug possession, DUI, assault, murder, and rape. These are usually crimes that are committed locally and crimes in which the alleged offender did not cross state lines. State crimes are resolved through the state court system.
Common Types of Federal Crimes
Federal crimes are often more serious crimes than state crimes, but not always. Federal crimes are those that cross state lines or are not limited to one state. Some examples of federal crimes are terrorism, bank robbery, tax evasion, kidnapping, and mail fraud. Crimes involving the Internet are federal crimes because they happen in multiple states at once. Some crimes that are often state crimes can be federal crimes under some circumstances. For instance, drug charges could be federal if you purchase drugs in one state and sell them in another.
Federal Crimes Override State Crimes
When a crime is chargeable as both a state and federal crime, the federal crime charges will override state charges. Therefore, a different set of rules and processes apply. It is imperative that you learn the specific crime or crimes that you are charged with and whether they are considered state or federal crimes. A knowledgeable criminal defense attorney will help you immediately and throughout the legal process.
State vs. Federal Criminal Procedures
State charges are prosecuted through state courts, and federal crimes are prosecuted through federal courts. These courts operate independently of each other. The North Carolina Judicial Branch includes the district court and superior court, among others. There are various district courts. North Carolina has three federal district courts: Eastern, Western, and Middle. Federal courts follow the Federal Rules of Criminal Procedure, which are the same across the country.
Sentencing Differences
Both state and federal laws provide for sentencing guidelines for various types of crimes; One of the main differences between state and federal sentencing is the location of the prison. If convicted of a state crime, you will be sentenced to a state prison. If you are convicted of a federal crime, you will do your time in a federal penitentiary. Federal penitentiaries are located in various places across the country. The type of crime and other factors will determine where you will be imprisoned.
Regardless of whether a crime is state or federal, you are entitled to constitutional rights. A skilled criminal defense attorney will review the details of your case and provide a vigorous defense. If you or a loved one has been charged with a state or federal crime, contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to discuss your case.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/kidnapping
https://www.nccourts.gov/courts
Image Credit:
https://www.freeimages.com/photo/police-motorcycles-1451045
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC?feature=watch
See Our Related Blog Posts: