When an individual in the United States is accused of a crime, the charges brought against them can be either state or federal. If you have been arrested and charged with a criminal offense in New Jersey, you may be asking what the difference is between state and federal charges. While both are important and serious, there are key differences between the two. It is crucial that you are adequately represented during your case, regardless of whether you are charged with a state or federal offense. To learn more about your legal rights and options, reach out to a Bergen County criminal defense attorney today for more information.
While both types of charges are serious and can result in significant penalties, there are many differences between being charged at the state and federal levels. Consider the following.
Who proscutes
One of the main differences is who has the authority to prosecute the case. State charges are brought by local or state governments and are prosecuted by a District Attorney, State Attorney, or State Attorney General.
Federal charges, on the other hand, are brought by the U.S. government under federal law. These cases are generally prosecuted by a U.S. Attorney. Federal agencies are also generally involved, like the FBI, DEA, IRS, and ATF.
Court system
State and federal charges are also handled by different systems. State courts operate under the state’s rules and procedures, while federal cases are more formal and follow the Federal Rules of Criminal Procedure.
Types of offenses
The type of offense will usually determine whether a crime is prosecuted at the state or federal level. State crimes will violate the specific laws passed by state legislature, such as domestic violence, assault and battery, theft, driving under the influence, homicide, etc.
Federal crimes are often broader or concern national interest. These offenses violate federal statutes passed by Congress and can include drug trafficking, money laundering, organized crime, mail fraud, terrorism, and more.
Penalties and sentencing
Federal charges are often associated with more severe penalties than state charges because of the more serious nature of the offenses, as well as a difference in sentencing guidelines. Federal sentencing guidelines are the same all over the country and generally include fines and lengthy prison sentences.
Each state has a unique sentencing guideline depending on the details of the offense. The penalties typically include fines, probation, community service, and incarceration.
Understanding the difference between state and federal charges is crucial for navigating the criminal justice system and protecting your rights. If you are being accused of a crime, do not hesitate to contact a skilled defense attorney at the Law Office of Attorney Conway today for more information.
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