What Is the Difference Between a State and Federal Crime?

Many people may not realize that there are two entirely different criminal court systems in California: one state and one federal. Federal crimes have their own investigators, prosecutors, judges, courts, and even prisons. However, the vast majority of criminal charges and trials are state-based.

If you are the subject of a federal investigation, you may face significant prison time. Federal charges are no laughing matter, so read on to find out what they are and how you can fight them.

What Is a Federal Crime?

Federal crimes are laid out in the United States Code, a register of all the laws passed by the United States Congress. On the other hand, California state criminal law is detailed in the Penal Code of California. This code is approved by state lawmakers in Sacramento.

While the federal and California code may be similar, federal crimes are particularly focused on certain areas, such as:

• Crimes that cross state lines.
• Various types of fraud, including:
  • Bank fraud
  • Wire fraud
  • Securities fraud
  • Health care fraud
  • Accounting fraud
  • Internet fraud
• Crimes that occur on federal property or land.
• Tax crimes.
• Terrorism.
• Drug trafficking.
• Import/export crimes.
• Immigration.

Particularly for drug crimes, the penalties for federal charges can be more significant than similar state laws.

Who Enforces Federal Crimes?

The California Highway Patrol, California Bureau of Investigation, and county and local sheriffs and police departments enforce state laws in California. Likewise, the federal government has its own law enforcement organizations, including:

• The Federal Bureau of Investigation (FBI)
• The Drug Enforcement Administration (DEA)
• The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
• The Secret Service
• The Security and Exchange Commission (SEC)
• The Department of Homeland Security
• The Transportation Security Administration (TSA)

More than one of these law enforcement agencies will often cooperate with local police in a task force addressing specific criminality.

If you are charged with a federal crime, it will be a United States Attorney (or, more likely, an Assistant United States Attorney) who will file the charges and prosecute the case. Your defense attorney will need to discuss possible plea agreements with their office. Any trial will be held in federal court in front of a federal judge or magistrate.

Any post-conviction sentence will be served in a jail run by the Federal Bureau of Prisons. Additionally, the federal government has its own probation services if a judge grants you probation instead of jail time. You would need to report to a federal probation officer and carry out all the rules of federal probation instead of interacting with a California probation official.

Can You Face Federal and State Charges?

Depending on the allegations against you, you can face separate state and federal charges stemming from the same incident. For example, if you committed a long-running fraud, you may face federal charges of wire fraud, money laundering, and tax evasion. But California may also prosecute you for tax evasion explicitly related to you avoiding state taxes.

Because the federal government has vast resources and federal crimes typically carry more significant punishments, if you face federal charges in Los Angeles, California, your freedom is in serious jeopardy. You will need an experienced and dedicated criminal defense team like the attorneys at Chambers Law Firm. Contact us today at 714-760-4088 or dchambers@clfca.com to set up an obligation-free initial consultation.