Federal and state crimes: what trouble are you in, and how can you defend yourself?

Federal and state crimes: what trouble are you in, and how can you defend yourself?

Do you have any questions related to criminal defense? Call us today at (619) 746-8879

In the United States, the legal system has a dual structure: the power to legislate and punish federal and state crimes. On some occasions, some crimes may fall in both jurisdictions, in what is known as “dual sovereignty.”

In the case of federal crimes, they imply a violation of federal laws created by the US Congress, as explained by the Department of Justice, and are applicable throughout the territory of the United States while state crimes involve the violation of specific laws in each state of the country, only applicable within its limits.

It is important to know the differences between being prosecuted for a federal crime or a state crime. If you are facing criminal charges, it is ideal to have the defense of a criminal defense attorney, trained to navigate the complexities of these situations and with the necessary experience to help you in your case.

Federal crimes: everything you need to know

Federal crimes generally violate regulations established by the federal government and cover a wide range of criminal activities.

The investigation and prosecution of federal crimes are carried out by specialized agencies, among which are the Federal Bureau of Investigation (FBI) – which focuses on serious crimes such as terrorism, espionage, and organized crime -; the Drug Enforcement Administration (DEA) – which combats illegal trafficking of drugs and narcotic substances – and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), responsible for regulating and controlling the sale, possession and use of firearms, explosives and alcoholic beverages and to investigate crimes related to these areas.

Federal crimes have the following distinctive characteristics:

• Cross-border reach: these crimes transcend state borders and have a national impact
• Deception of federal entities: involving fraud or deception against federal agencies are part of this category.
• Occurrence on federal property: any illegal act that occurs on federal government property is considered a federal crime.
• Violation of federal statutes: Failure to comply with specific laws established by the federal government is also considered a crime of this type.

Examples of federal crimes

Some representative examples of federal crimes are the following:

• Drug trafficking: involves the illegal distribution of narcotic substances on a large scale.
• Immigration violations: illegal entry or stay in the US, as well as acts related to the falsification of documents, can be considered a federal crime.
• Terrorism: any violent act or threats with the objective of generating terror or intimidating the civilian population qualifies as a federal crime.
• Money laundering: the legitimation of profits from illicit activities is also considered a federal crime.
• White collar crimes: These includes securities fraud, tax evasion, and other illicit activities carried out by professionals or high-status individuals.
• Murder: is prosecuted as a federal crime when committed against a federal judge or a federal law enforcement official or against an immediate family member of a federal law enforcement officer. Also, if the victim is an elected or appointed federal official (President, Supreme Court Justice, Congressman) or if the crime is committed in a bank robbery.
• Firearm Felon: Federal law prohibits those convicted of certain crimes from possessing, sending, or receiving firearms or ammunition.
• Treason: waging war against the United States or collaborating against an enemy of the country qualifies as a federal crime.
• Cyber crimes
• Child pornography: It is a federal crime to produce, receive, distribute, or possess this type of material, as well as knowingly seeking to view this type of content.

State Crimes in California: What You Should Know

State crimes, as their name suggests, are criminal acts that involve violations of state laws and are prosecuted in the courts of those jurisdictions.

These types of crimes are investigated by local law enforcement agencies and those responsible for filing charges in these cases are state, municipal or district attorneys.

In the case of the state of California, the penal code establishes a long list of state crimes, ranging from misdemeanors, such as traffic violations, to felonies, such as murder. These are some of the typified ones:

• Theft
• Drug possession
• Exhibitionism
• Prostitution
• Public intoxication
• Vehicle Theft
• Hit and run
• Kidnapping
• Homicide
• Rape
• Receive stolen goods
• Robbery
• Harassment
• Vandalism

In this long list of crimes, we must distinguish those that are considered violent crimes or behaviors that are punished more severely: homicide, murder, kidnapping, robbery, assault, and battery.

What are the penalties for federal and state crimes?

The severity and penalties for federal crimes can be greater than for state crimes.

Some convicted of federal crimes can receive sentences ranging from life in prison without parole, million-dollar fines, and even the death penalty, while for state crimes, the sentences are slightly less rigorous.

In the state of California, for example, penalties can be fines (per violation), a year in county jail for a misdemeanor, several years in state prison, or a county jail or state prison sentence, and large fines for serious crimes. Additionally, in 2024, a series of bills came into effect that include harsher penalties for crimes such as child trafficking, trafficking of certain substances, hate crimes, and certain discriminatory behaviors.

Likewise, there are differences in the process, such as evidentiary requirements, judicial procedures and court rules, and criteria for probation or appeal.

What are my rights if I am accused of a federal or state crime?

The United States legal system establishes fundamental rights to guarantee the integrity of people accused of federal crimes, since the accused person is presumed innocent until proven guilty.

Among the rights guaranteed are the right to a fair, impartial and public trial before a randomly selected jury. The accused also has the right to be present at the trial and to be represented by a lawyer, as well as to present evidence and witnesses.

The accused also has the right to be represented by a lawyer throughout the criminal process. For this reason, if you are accused of a federal crime, it is of utmost importance to have a legal team with experience in federal criminal defense who can help you build an effective legal strategy to defend your rights and achieve your freedom if necessary. , or to assist you in appealing your sentence.

When it comes to state crimes in California, as in the federal system, local laws also guarantee the rights described above to people accused of crimes, with the aim of protecting their integrity and ensuring a fair process.

How can a criminal defense attorney help me in state or federal crime cases?

If you are accused of a federal or state crime, having a criminal defense attorney is crucial to protecting your rights and increasing your chances of obtaining a favorable outcome.

In the case of immigrants, committing a federal crime can lead to deportation even without being convicted, so it is necessary that they have the necessary legal advice and representation to know and face the risks they run in these cases.

In the event of federal or state prosecution, an experienced legal representative will be able to provide you with:

• Advice and guidance: they will be able to explain the charges, possible consequences, and the options in your favor and guide you throughout the process, from the investigation through the trial and possible appeals.
• Protection of rights: will ensure that these are guaranteed throughout the legal process.
• Case Investigation and Preparation: The criminal defense attorney will be able to gather evidence, interview witnesses, analyze applicable law, and build a solid defense strategy.
• Representation in court hearings and examination of prosecution witnesses.
• Plea Bargaining: In order to reach a beneficial plea agreement or explore options for charge reduction, suspended sentence, or probation.
• Appeal: if the result of the trial is not satisfactory or it is detected that legal errors were made that affected the ruling.

Kannan Law: your best allies for criminal defense in San Diego

An experienced criminal law attorney can be an invaluable ally if you face criminal charges. Do not hesitate to seek legal advice as soon as possible to protect your rights and increase your chances of obtaining a fair outcome in your case.

Kannan Law’s experienced criminal defense attorneys offer robust services tailored to your unique situation. We guide you through the complexities of the legal system to protect your rights.

Kannan Law is your steadfast partner, and we are committed to helping you unwaveringly. If you need criminal legal representation, call us at (619) 746-8879 or contact us through this form for free advice.