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If you were charged with a crime in California, you may face prosecution in state or federal court — or both, depending on the circumstances. Understanding the differences between federal vs. state criminal cases is important since these distinctions can affect how your attorney will prepare and pursue defense strategies for your case.
When you need hard-hitting and battle-tested legal representation, talk to a federal criminal defense lawyer at the Law Offices of Justin E. Sterling. With over 20 years of experience successfully representing clients in Southern California state and federal courts, Attorney Justin E. Sterling will examine the facts of your case, come up with a personalized approach to your defense, and fight vigorously for the best possible outcome. Call or contact us today for a free consultation.
How Do Federal and State Criminal Cases Differ?
Federal and state criminal cases are different in many ways, including:
Jurisdiction and Authority
State and federal criminal cases primarily differ by jurisdiction. Federal criminal law applies to crimes across state lines or national borders, on federal government property, or using mail, telecommunications, or financial services.
By contrast, state criminal law applies to crimes that occur entirely within one state. Crimes commonly prosecuted at the federal level include interstate kidnapping, interstate drug trafficking, mail and wire fraud, Internet crimes, and securities fraud. Crimes typically prosecuted in state courts include homicide, assault, theft crimes, drug possession, and DUI.
Federal vs. State Law
Federal and state criminal cases also differ in the applicable law. In federal courts, prosecution occurs under the criminal laws of the U.S. Code, which apply across all U.S. states and territories. Conversely, state criminal prosecution occurs under the state’s criminal laws, which only apply to crimes within state lines. Furthermore, each state may have different definitions and penalties for various crimes. As a result, federal prosecutors may have to prove different elements for a crime than state prosecutors would for the same offense.
Investigative Agencies and Prosecutors
Federal and state criminal cases typically originate from different investigative agencies. In most cases, federal criminal prosecutions begin with investigations conducted by federal law enforcement agencies like the FBI, DEA, ATF, or Secret Service. State criminal cases usually originate from investigations conducted by state or local law enforcement departments. However, federal and state law enforcement agencies regularly cooperate on investigations through joint task forces. Alternatively, state agencies may shift investigations to federal agencies and vice versa if the evidence recovered points to a different jurisdiction.
Court Process and Procedures
Federal and state criminal cases get heard in different courts. Federal criminal trials occur in U.S. District Courts, whereas state criminal trials occur in state trial courts.
In addition, state and federal court systems have different procedures for criminal cases. For example, federal criminal cases usually begin when U.S. Attorneys present charges to a federal grand jury, which must decide if the government has sufficient evidence to charge a defendant with a crime. Criminal cases under California law may begin with a grand jury or prosecutors filing a criminal investigation and requesting a preliminary hearing for a judge to determine whether they’ve established probable cause to charge the defendant.
State and federal laws also differ in pre-trial motion practice and how prosecutors can negotiate plea deals or dismiss charges against a defendant. State and federal courts follow different evidentiary rules, including rules governing the admission or use of expert testimony or scientific evidence.
Sentencing Guidelines
State and federal criminal cases also follow different rules for sentencing defendants. In federal cases, U.S. District Courts must follow the Federal Sentencing Guidelines, which provide advisory sentencing ranges based on the offense level of the defendant’s crime and the severity of their criminal history.
A federal judge must also consider various statutory sentencing factors in determining what sentence to impose, including whether to vary upward or downward from the advisory Guidelines range. Federal courts may also evaluate whether a defendant qualifies for a sentencing enhancement, such as an armed career criminal enhancement or an enhancement for using a firearm in their crime.
In state criminal cases, courts typically follow the sentencing ranges imposed by state criminal statutes, which may contain a minimum or maximum range for terms of incarceration. In many cases, state criminal courts have the discretion to impose other types of sentences instead of a jail or prison term, such as probation or community service.
Federal law imposes much harsher sentences than state law for similar crimes. For example, federal criminal drug laws carry much longer sentences than state drug crime convictions.
Criminal Records and Expungement
Both federal and state convictions will result in defendants having criminal records that will show up on background checks conducted by federal or state law enforcement agencies or private parties.
In California, a convicted defendant can seek an expungement of a criminal record for many offenses, not counting sex offenses or violent crimes. Expungement of a criminal record in California seals the record from public access, with law enforcement or judicial agencies retaining access for limited purposes. Defendants who expunge their state criminal convictions can lawfully deny that they have not been convicted of a crime during job or housing interviews.
However, federal criminal law does not have an expungement procedure. A person can only eliminate a federal criminal record by seeking a presidential pardon. Defendants convicted under California criminal law can also seek a pardon from the governor.
Do I Need a Criminal Defense Attorney Who Handles State and Federal Cases?
In some cases, a criminal defendant may face state and federal prosecution for the same offense. These defendants can benefit from having a criminal defense attorney experienced in handling both state and federal cases. Because state and federal criminal cases have significant differences and procedures, you may need an attorney who is well-versed in representing clients in both courts.
Contact a California Federal Criminal Lawyer Today
If you are accused of federal crimes or are the subject of a federal criminal investigation in Southern California, you need experienced legal assistance to help you avoid or minimize the harsh consequences of a conviction. At the Law Offices of Justin E. Sterling, we understand the stakes are high and what it takes to build a solid criminal defense. Contact us now for a free consultation with a proven federal criminal defense attorney.
