Every time you are accused of a drug-related offense in California, you run the risk of being charged on both state and federal levels. This is because it is illegal to possess, sell, distribute, or manufacture certain drugs and other prohibited substances. If you have been accused of a federal drug violation, you might be asking what distinguishes a drug-related offense from a state offense and how state and federal drug offenses differ in terms of punishment and legal strategy.
Keep reading to get the facts from a federal criminal defense lawyer in Santa Ana CA. Contact Chambers Law Firm at 714-760-4088 if you are in need of a free legal consultation.
What distinguishes drug cases brought on at the state and federal levels?
Cases involving drug crimes can be difficult, particularly if they violate both federal and Californian state laws. Drug cases can wind up in federal court or begin there, depending on the alleged offense’s gravity or jurisdiction, the source of the information about the offender, or simple negotiations between state and federal prosecutors.
When defending yourself against drug accusations in federal court, it helps to have the knowledge and experience of a tried-and-true federal criminal defense lawyer in Santa Ana CA on your side. Facing charges for a drug-related felony at the federal level is a very serious matter. State and federal drug offenses differ from one another, and it’s critical to recognize these distinctions. We go through a few of the characteristics that distinguish federal drug cases from state trials below.
Location of case hearing for federal cases
A violation of federal law constitutes a federal crime. Numerous federal laws that deal with drug-related offenses such as drug trafficking, drug production, and drug importation/exportation are in effect in the United States. Similar rules that forbid drug offences performed within the state of California exist in California.
If you are charged with breaking one of these state laws, a state district attorney will handle your prosecution and the matter will be adjudicated in state court. However, if you are charged with breaking a federal drug statute, your case will be heard in federal court and you will be up against an Assistant United States Attorney.
Federal cases involve federal prison
Depending on the circumstances and severity of the alleged offense, you can spend your time in county jail or state prison if you are found guilty of a state crime like possession of a controlled narcotic. If you are found guilty of a federal offense, you will be sentenced to federal prison, which carries a substantially harsher punishment.
Consequences of a federal conviction
Even for the same or similar behavior, the sanctions imposed for a federal drug felony are typically much harsher than those imposed for a state drug crime. Even first-time offenders frequently receive sentences of at least one year in jail for federal drug offenses, which are frequently charged as felonies.
Federal drug crimes carry extremely harsh maximum penalties, which can range from 40 years in prison for some offenses to life in prison without the possibility of parole for more serious offenses. Some of these crimes also carry mandatory minimum penalties, which result in automatic minimum prison terms for certain crimes.
If you are facing drug charges at the state or federal level, contact a federal criminal defense lawyer in Santa Ana CA by reaching out to Chambers Law Firm at 714-760-4088.
