Federal Crimes vs State Crimes
Most crimes—from drug possession and embezzlement to sexual assault and murder—are considered violations of state law, which means these cases are handled by state prosecutors in state court. By contrast, the federal courts handle cases in which some federal criminal law or national interest is at stake such as major drug cases, counterfeiting, cybercrimes, healthcare and insurance fraud, racketeering, obstruction of justice, theft of government property, fraud against the U.S. government including Medicare fraud and fraud in government contracting.
Federal courts and prosecutors handle the following types of cases:
- Violations of federal criminal statutes such as wire fraud, Foreign Corrupt Practices Act, and healthcare fraud to name a few
- Long and complex fraud investigations involving crimes such as tax evasion, securities fraud, cybercrimes, criminal copyright violations and bank fraud, healthcare fraud and violations of the Foreign Corrupt Practices Act
Keep in mind, federal penalties are usually more severe than state penalties. If a person is convicted of a federal crime, he/she may be sent to federal prison and subject to harsh mandatory minimum sentences.
Does the Federal Government Have Jurisdiction Over My Case?
We previously mentioned that violations of state law are tried in state court. However, there are certain circumstances where state crimes can also violate federal criminal laws.
Here are several indications that you are under criminal investigation:
- You are contacted by federal law enforcement agencies such as the Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), Department of Homeland Security (DHS), IRS Criminal Investigators or Secret Service agents.
- When a crime occurs on federal land such as assaulting someone on a military base, stealing government property or committing any crimes on U.S. property.
- When a defendant crosses state lines, like kidnapping a person from Florida to Georgia.
- When a defendant violates customs or immigration law, like human or sex trafficking. Illegally takes currency out of or into the U.S., or exporting/importing weapons in violation of U.S. Munition Laws.
