Criminal prosecution can lead to high levels of personal stress and a variety of different practical challenges. People accused of breaking the law often need to retain legal representation. They need to make sense of the state’s case and prepare a viable defense strategy.
The way that they respond to their pending charges may depend in no small part on whether they face state charges or federal charges. Many people have a difficult time understanding the difference between state and federal criminal matters. There are several key differences that defendants may need to understand as they begin developing a strategy, especially if they face federal charges.
The enforcement agencies involved
State charges often stem from arrests conducted by local police officers or a sheriff’s department. Occasionally, an arrest conducted by local authorities may result in federal authorities intervening to take control of the case. Other times, defendants end up arrested by federal agencies and face prosecution in the federal criminal courts.
There are certain criminal actions that are violations of both state and federal law. For example, many drugs that are illegal at the state level are also illegal federally. Factors including interstate implications, the use of federal infrastructure and other details determine whether the state or the federal government has jurisdiction.
The penalties that apply
State laws establish minimum and maximum penalties for different crimes. There are also relatively strict federal mandatory minimum sentences that the courts may impose after a guilty plea or criminal conviction.
Drug crimes are an excellent example. In Missouri, transferring even a small amount of drugs could lead to felony charges. The defendant could face between three and 10 years in prison, and repeat offenders may face a minimum sentence of five years.
Someone prosecuted for the same offense at the federal level faces a five-year mandatory minimum sentence and up to 40 years in more severe cases. That minimum sentence surges to 10 years if the defendant has a prior conviction, and they could be at risk of life in prison.
Federal offenses often carry much harsher sentences and leave people at risk of incarceration in the federal penal system. In some cases, those sentenced to prison may have to serve their time at a distant location where they cannot regularly see their friends and family.
There are also subtle differences in court procedures and in the most effective way to develop a defense strategy depending on whether the state prosecutes an individual or the charges come from the federal government.
Defendants facing federal criminal charges often need to respond assertively with appropriate support from a legal professional. Making mistakes while interacting with federal investigators or responding to federal charges can have lasting consequences for defendants who aim to prove their innocence.