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Our experienced Columbia criminal defense lawyers at Shealey Law Firm explain the difference between state and federal charges.
What Makes a Crime “Federal”?
A crime is federal if it is a violation of United States law and prosecuted in a United States court. The United States is the union of 50 state governments and U.S. territories. There are nationwide laws that apply throughout the country. These laws are enacted by the U.S. Congress and signed by the United States President.
Each state has its own laws, too. South Carolina has the General Assembly, made up of the South Carolina House of Representatives and the South Carolina Senate. These 170 members meet in Columbia to pass state laws for the governor to sign or veto.
A crime is federal if it violates a United States law. United States federal courts prosecute violations of law in U.S. federal courts.
Examples of Federal Crimes (and Why They’re Different from State Crimes)
Some of the most commonly charged U.S. federal crimes include:
- Drug trafficking
- Financial crimes (e.g., fraud, money laundering, identity theft, and embezzlement)
- Tax crimes
- Immigration crimes
- Firearm offenses
The United States Sentencing Commission reports that drugs, immigration, firearms offenses, fraud, theft, and embezzlement accounted for 83.1% of federal prosecutions in the United States in 2021.
How they are different than state crimes
U.S. federal crimes are different from state crimes in several ways.
- Federal law. They’re a violation of federal law, not state law.
- Federal courts. The case is heard in a United States federal court, not a state court.
- Investigative agency. Federal authorities like the FBI or DEA investigate, not local police.
- Prosecuting authority. U.S. attorneys prosecute the case, not local prosecutors.
- Federal procedures. The case follows federal court procedures and evidentiary rules.
- Jurors. Jurors are selected from the court’s entire divisional area, instead of only from one county.
- Sentencing guidelines. Federal sentences must follow strict guidelines. State judges have more flexibility in sentencing.
In South Carolina, federal cases are heard in the United States District Court for the District of South Carolina, headquartered in Columbia. Appeals are heard in the United States Court of Appeals for the Fourth Circuit.
Federal Charges vs. State Charges: Key Differences
Federal law enforcement officers have substantial budgets to build their cases. Federal charges are often more serious than state charges. Prosecutions are often reserved for cases involving national security, large amounts of money, or property. Federal prisons may be seen as nicer and less violent, but inmates are often sent far from their families.
How Federal Sentencing Works
The judge determines the sentence for a federal crime in the United States. They use a point system along with any mandatory minimum sentences that apply. The point system evaluates aggravating and mitigating factors relating to the offense. In addition, the point system weighs the person’s past criminal convictions.
Judges may depart from sentencing guideline recommendations in rare cases.
Generally, federal prisoners must serve at least 85% of their sentence. There are still good time credits and recidivism-reduction programs that can reduce time served.
Can You Face Both State and Federal Charges for the Same Crime?
Yes. The U.S. Constitution’s Fifth Amendment Double Jeopardy Clause prohibits being tried twice for the same crime, but the law applies only to double jeopardy by the same government. The United States is a different entity from an individual state. So a person can face prosecution in both a U.S. court and a South Carolina state court or in two different state courts if the offense crosses state lines.
Sometimes, federal and state courts defer to each other in a single prosecution. Generally, the U.S. Department of Justice won’t initiate or continue federal charges when there is a state prosecution. They make exceptions for matters involving substantial federal interests that were not addressed in the state case when the evidence is likely to result in a conviction. (U.S. Department of Justice Petite Policy, Petite v. United States, 361 U.S. 529 (1960)).
Note: Civil asset forfeitures don’t count as punishment for the purpose of double jeopardy.
Note: There are some circumstances in which different judicial entities are considered one sovereign for purposes of double jeopardy, such as municipal and state courts, or military court-martial and territorial courts. See Waller v. Florida, 397 U..S. 387 (1970), Grafton v. United States, 206 U.S. 333 (1907).
What To Do If You’re Under Federal Investigation in Columbia, SC
If you’re under federal investigation in Columbia, SC, talk to an attorney right away. Don’t talk to anyone, including the police, to explain your side. What you say to anyone can be used against you.
Don’t destroy evidence. Assume that all communications are being monitored.
If you receive a federal grand jury subpoena or a letter, know that there are important deadlines. Get legal help immediately.
Why Federal Cases Require a Specialist Criminal Defense Attorney
Attorneys must be separately admitted to U.S. federal courts. A license to practice in a state court is good for only the state. To represent you in a federal criminal matter, your attorney must be able to appear in a U.S. federal court.
In addition, the laws, procedures, witnesses, and juries are different. For an attorney to effectively defend you, they must understand these differences.
Talk to a Lawyer
Shealey Law Firm is a criminal defense firm representing clients in U.S. federal and state cases. Call or message us now.