State Crimes vs. Federal Offenses: Many Important Differences

There are many things that make an accusation of a federal offense very different from a state crime. However, the types of crimes that make up federal law are not dramatically different from those of state laws. A few major federal crimes are:

  • Illegal re-entry to the United States

  • Drug Crimes, including manufacturing, possession, sale, distribution, trafficking, and/or transportation of controlled substances or illegal drugs

  • Embezzlement and other white collar crimes

  • Fraud, such as accounting fraud, bank fraud, bankruptcy fraud, health care fraud, internet-based fraud, mail fraud, securities fraud, and wire fraud

  • Sex crimes, such as child pornography, rape, and child molestation

  • Internet crimes, including child pornography and Internet-based fraud

  • Tax crimes, such as federal tax evasion and tax fraud

  • Environmental crimes

  • Homicide / manslaughter / murder

  • Money laundering

  • Multi-level marketing schemes

  • Antitrust violations

  • Public corruption

  • RICO crimes such as racketeering

  • Smuggling and import crimes / export crimes

  • Conspiracy

Crimes handled at the state level are often misdemeanor – not felony – crimes that do not involve multiple jurisdictions or federal entities. State crimes often include minor drug possession, shoplifting, and DUI/DWI. If you are charged with a federal crime, it is very important to understand exactly how federal trials and sentences are carried out. You may be surprised to learn that federal crimes are different from state crimes in that:

  • Punishments are different and often more harsh, following federal sentencing guidelines.

  • Bond is different and sometimes unavailable.

  • Discovery is different.

  • The court rules of evidence are different.

  • The case law and statutes are different.

  • A trial occurs either very quickly or very slowly.

  • Jury selection is different.

  • There is no federal parole.

An experienced defense lawyer is vital for your success in court. State and federal defense attorney David A. Breston has successfully obtained “departures” from federal sentencing guidelines for clients facing the possibility of lengthy federal sentences. In some cases, our firm has helped our clients avoid many years spent in state or federal prison.