Federal Crimes vs. State Crimes: What’s the Difference in Prosecution?
If you’re facing criminal charges in Mobile, Alabama, or the surrounding counties, it's important to know whether your case falls under state or federal jurisdiction. This distinction can have a significant impact on how your case is handled, the penalties you might face, and the resources available for your defense.
Brian J Lockwood LLC strives to defend its clients against serious criminal charges that could destroy their lives. Whether you’re facing a state-level charge or a federal case, they strive to simplify the complications and help establish the best strategy for your defense.
Below is an overview of the key differences between federal and state crimes, what to expect in the prosecution process, and provide insight into Alabama law.
What Are State Crimes?
State crimes are violations of laws created and enforced by state governments. These laws are based on the state’s legal code, and they vary depending on where you live. For example, certain drug offenses might be treated differently in Alabama compared to other states like California. Some common types of state crimes include:
Assault and battery
Theft and burglary
Driving Under the Influence (DUI)
Drug possession
Vandalism
Domestic violence
State crimes are prosecuted in state court by a district attorney or local prosecutor. If you’re convicted of a state crime, the penalties can range from probation or fines to state prison sentences, depending on the severity of the offense.
State courts generally deal with crimes that occur entirely within state lines. That changes if a case involves crossing state borders or breaking federal law; these scenarios often fall under federal authority.
What Are Federal Crimes?
Federal crimes, on the other hand, violate laws established by the federal government. These crimes typically involve activities that cross state or national borders, affect federal agencies, or involve federal property. Some examples of federal crimes include:
Drug trafficking across state lines
Mail and wire fraud
Tax evasion
Bank robbery
Kidnapping across state lines
Child pornography
Terrorism
Federal crimes are prosecuted by U.S. attorneys, who represent the federal government. Cases are tried in federal court, and the penalties are more severe than those for state crimes. Convicted individuals may face significant fines, lengthy prison sentences in federal facilities, or other sanctions.
Federal agencies such as the FBI, DEA, or ATF often conduct investigations into federal crimes, which means individuals facing these charges may face more comprehensive and resource-intensive investigations.
Key Differences in the Prosecution of State vs. Federal Crimes
The difference between state and federal crimes is not just in the laws. They’re also prosecuted differently. Some of the key differences between the two include the following:
Jurisdiction and investigation: State crimes are investigated by local police or sheriff’s departments, whereas federal crimes involve investigations by federal agencies. For instance, if you’re accused of drug possession, your case might be handled by state authorities. But if the accusation is drug trafficking across state lines, it’s likely to involve agencies like the DEA or FBI.
Courts and judges: State cases are heard in state courts, which include municipal, circuit, or superior courts, depending on the type of case. Conversely, federal cases are tried in federal courts, which are part of a completely separate system with its own judges.
Sentencing and punishment: Federal sentencing is often harsher than state sentencing. Federal cases use sentencing guidelines determined by Congress, which can attract mandatory minimum sentences for certain crimes. State sentencing tends to be less strict, with more flexibility in penalties.
Legal representation: Defense attorneys in federal prosecutions must be familiar with federal law. These cases may involve extensive paperwork, detailed investigations, and specialized knowledge.
State criminal attorneys may also represent clients in federal cases, but they should be familiar with all applicable local laws and federal procedures.
Alabama Laws Governing State and Federal Crimes
Alabama has specific laws and penalties for state crimes. For example, many drug crimes, such as simple possession, are prosecuted under Alabama’s Criminal Code. However, if the crime involves trafficking large amounts of drugs or crossing state lines, it may escalate to a federal crime and require federal court intervention.
Alabama also has specific laws governing violent crimes and property damage. Domestic violence, for instance, is defined under Alabama Code Section 13A-6-130 to 13A-6-132, covering various degrees of charges. The severity of sentencing for domestic violence can depend on whether the act involved physical harm, intent, or repeat offenses.
For federal crimes that take place in Alabama (such as terrorism, mail fraud, or crimes affecting federal property), the cases are typically prosecuted in the U.S. District Court for the Southern District of Alabama.
Criminal Defense Attorney Serving Mobile, Alabama
If you or someone you know is facing serious criminal charges, reach out to the experienced criminal defense attorney at Brian J. Lockwood LLC. With years of experience defending clients in state and federal cases, Attorney Lockwood fights for those who need it most.
Since every case is unique, the firm follows a strategic, detailed approach that is tailored to your needs. If you’re located in Mobile, Alabama, or the surrounding counties, reach out to Brian J Lockwood LLC today to schedule a consultation.
