If you or someone you know is facing a criminal charge, it is important to recognize the distinction between federal vs state charges. Certain offenses are managed by local law enforcement, whereas others may be investigated by federal agencies.
Keep reading to learn the differences between state and federal crimes in order for you to understand and know your rights. If you are seeking legal advice and guidance, our skilled and experienced criminal defense lawyers in Greenville can help you understand what charges you are facing and whether these crimes will be conducted through a state or federal criminal investigation.
Reach out to criminal defense attorney Adam Touma today for a consultation!
What Constitutes A Federal Crime?
A federal crime is an offense that violates a law enacted by the United States Congress. Federal crimes are investigated by federal law enforcement agencies such as the FBI, DEA, and ICE, and they are prosecuted by United States Attorneys, who under 28 U.S.C. § 547 prosecute for all offenses against the United States. Examples of federal crimes include drug trafficking under 21 U.S.C. § 841, money laundering under 18 U.S.C. § 1956, fraud involving credit cards and other access devices under 18 U.S.C. § 1029, and tax evasion under 26 U.S.C. § 7201.
Federal charges can also be brought for conduct on federal property. Under 18 U.S.C. § 7, the special maritime and territorial jurisdiction of the United States includes lands reserved or acquired for the use of the United States and under its exclusive or concurrent jurisdiction.
Conduct that crosses state lines can bring a case under federal law when a federal statute makes an interstate element a basis for jurisdiction. The federal kidnapping statute, 18 U.S.C. § 1201, is one example. It applies when the person is willfully transported in interstate or foreign commerce, or when the offender travels in interstate or foreign commerce or uses the mail or another means or instrumentality of interstate or foreign commerce in committing the offense. Crossing a state line is not the only basis for federal jurisdiction under that statute, which also covers acts within the special maritime and territorial jurisdiction of the United States and certain acts against federal officers and employees.
The penalty for a federal offense is set by the statute that defines it, and it can vary widely. For example, under 18 U.S.C. § 2113, bank robbery by force and violence or intimidation carries a maximum of twenty years, taking bank property worth more than $1,000 carries a maximum of ten years, and taking bank property worth $1,000 or less carries a maximum of one year. It is advised to speak with a knowledgeable Greenville federal criminal defense attorney today about your case!
Understanding Federal vs State Charges
When it comes to criminal charges, there are two different types of jurisdictions that can bring a case against an individual: federal and state. Understanding the differences between federal and state charges is important for anyone facing criminal prosecution.
Federal crimes
Federal charges are brought by the federal government and involve violations of federal laws. Under 18 U.S.C. § 3231, the district courts of the United States have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States. In a federal criminal case, there are three levels of court: the district court (28 U.S.C. § 132), the court of appeals for the circuit (28 U.S.C. § 41), and the Supreme Court (U.S. Const. art. III, § 1).
Federal crimes can be both misdemeanors or felonies. Under 18 U.S.C. § 3559(a), an offense that is not specifically classified by a letter grade in the section defining it is classified by its maximum authorized term of imprisonment, from a felony when the maximum term is more than one year to a misdemeanor when it is one year or less. Examples of federal offenses include bank robbery under 18 U.S.C. § 2113, mail fraud under 18 U.S.C. § 1341, wire fraud under 18 U.S.C. § 1343, and bank fraud under 18 U.S.C. § 1344. If you are interested in reading an extensive list of federal crimes, see USC Title 18.
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If you have been charged with a federal crime, your trial proceedings will take place in federal court in front of a federal judge. Federal district judges are nominated by the President and appointed with the advice and consent of the Senate (U.S. Const. art. II, § 2; 28 U.S.C. § 133), and under Article III, Section 1 federal judges hold their offices during good behavior. It is important to understand your rights if you are facing a federal charge.
State Crimes
State charges are criminal offenses that are prosecuted by the state government and, just like federal offenses, state charges can include both felonies and misdemeanors, and they may be punishable by fines or imprisonment. In South Carolina, offenses such as murder (S.C. Code Ann. § 16-3-10), assault and battery (§ 16-3-600), burglary (§ 16-11-311 and following), common law robbery (§ 16-11-325), and larceny (§ 16-13-30) are defined by state statutes. Depending on the type of crime, the jail sentencing can vary. For example, common law robbery carries a maximum of fifteen years, while petit larceny, a misdemeanor, carries a fine of not more than $1,000 or imprisonment of not more than thirty days.
Can a Crime Be Charged in both Federal and State Court?
A single act can violate both federal and state law. Under the dual-sovereignty doctrine, which the U.S. Supreme Court declined to overturn in Gamble v. United States, 587 U.S. 678 (2019), two offenses are not the “same offence” for double jeopardy purposes if they are prosecuted by different sovereigns. As a result, the federal government and a state may each prosecute conduct that violates the laws of both.
Federal courts have exclusive jurisdiction over federal offenses, and the federal criminal code does not take away the jurisdiction of state courts under state law (18 U.S.C. § 3231). Whether a case is charged in federal court, state court, or both depends on the facts and on the decisions of the prosecutors involved.
How Do Federal and State Penalties Compare?
Federal and state penalties do not follow a single pattern. Each offense carries the penalty set by the statute that defines it, so a sentence depends on the specific offense and the facts of the case, not only on whether the case is in federal or state court.
Both systems have offenses with mandatory minimum sentences. For example, 21 U.S.C. § 841(b)(1)(A) provides for a sentence of not less than 10 years in certain drug cases that involve specified quantities, such as 1 kilogram or more of a mixture containing heroin, and S.C. Code Ann. § 16-3-20 provides for death or a mandatory minimum term of imprisonment of thirty years to life for murder. A person facing a federal drug charge should have the quantity and the statute charged reviewed carefully.
In federal court, the U.S. Sentencing Guidelines are advisory. In United States v. Booker, 543 U.S. 220 (2005), the Supreme Court made the Guidelines effectively advisory, requiring a sentencing court to consider the Guidelines ranges but permitting it to tailor the sentence in light of other statutory concerns. Federal law also limits fines. Under 18 U.S.C. § 3571, an individual found guilty of a felony may be fined not more than the greatest of the amount specified in the law setting forth the offense, the applicable amount under subsection (d), or $250,000.
If you are facing federal charges, it is important to get immediate counsel from an experienced and skilled attorney to help defend you in court.
How Do Federal Courts Differ From State Courts?
Federal courts and state courts differ in many ways. Under Article III of the U.S. Constitution, the judicial power of the United States is vested in one Supreme Court and in such inferior courts as Congress may from time to time ordain and establish, and it extends to cases arising under the Constitution, the laws of the United States, and treaties. State courts, on the other hand, are established under state law and hear cases involving state law. In South Carolina, the judicial power is vested in a unified judicial system that includes a Supreme Court, a Court of Appeals, a Circuit Court, and other courts of uniform jurisdiction provided for by general law (S.C. Const. art. V, § 1).
Many federal offenses include an element tied to interstate or foreign commerce. Wire fraud under 18 U.S.C. § 1343, for example, requires a transmission by wire, radio, or television communication in interstate or foreign commerce, and kidnapping under 18 U.S.C. § 1201(a)(1) can rest on interstate or foreign transportation or travel.
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Federal vs. State Enforcement
When it comes to criminal law, the federal government and state governments each enforce their own laws. Federal laws are enforced by federal agencies such as the FBI, DEA, ATF, and IRS.
State laws are enforced by local police departments or state-level agencies such as the South Carolina Highway Patrol.
State vs. Federal Prison
The prospect of going to jail or prison is intimidating, but gaining knowledge of the various kinds of correctional establishments could be beneficial if you are facing criminal charges.
The main distinction between state and federal prisons lies in who operates the facility. Under 18 U.S.C. § 4042(a), the Bureau of Prisons, under the direction of the Attorney General, has charge of the management and regulation of all federal penal and correctional institutions. South Carolina’s state prison system is carried out by the South Carolina Department of Corrections, which S.C. Code Ann. § 24-1-30 created as an administrative agency of state government.
Which system a person is in depends on whether the conviction is for a federal or a state offense. White-collar crimes such as bank fraud and money laundering can be charged under federal statutes, including 18 U.S.C. § 1344 and 18 U.S.C. § 1956. Bank robbery is a federal offense under 18 U.S.C. § 2113, while murder is defined by South Carolina law under S.C. Code Ann. § 16-3-10.
Call Touma Law Group Today!
If you are facing federal or state charges, it is important to have an experienced criminal defense attorney on your side. At Touma Law Group, we understand the complexities of the criminal justice system and are committed to representing our clients with care and attention. Call (864) 618-2323 today for an appointment to discuss the criminal court process, ask questions, and get legal advice from a criminal defense lawyer.
