What is the Difference Between State and Federal Crimes in California?

Both the state of California and the federal government have the power to make laws that criminalize certain behaviors. If you are accused of breaking the law, it is important to understand whether you are facing potential state or federal charges, as this can impact the procedures, sentencing, and other aspects of your case.

Jurisdiction Over Crimes

In the U.S. system, states generally have jurisdiction over crimes committed within their borders. So most criminal prosecutions involve violations of state law and take place in state courts.

The federal government has jurisdiction when crimes occur on federal property, involve federal officials, or pertain to matters designated by the Constitution as federal, such as interstate commerce or national security. Federal prosecutors try these cases in federal courts.

Examples of State vs. Federal Crimes

Many crimes can potentially be charged at either the state or federal level. For example:

Robbery – State crime under California penal code. Could be federal if bank robbery or involves interstate commerce.
Drug offenses – State crimes under California Health and Safety Code. Federal crimes if large quantities involved.
Weapons charges – State law prohibits felons possessing firearms. Also a federal crime.

Some key federal crimes that have no direct state equivalent include:

Counterfeiting currency
Tax evasion
Civil rights violations

Key Differences in Prosecution

If you are accused of a crime that could potentially be charged at the state or federal level, some key differences to keep in mind include:

Burden of proof – Beyond a reasonable doubt for both, but federal prosecutors often have more resources.
Sentencing – Federal sentences tend to be longer with fewer opportunities for early release.
Prison system – Federal prisons generally seen as safer and better run.
Procedural rules – Federal rules generally give prosecutors broader powers related to searches, seizures, and interrogation.

Double Jeopardy Implications

The Double Jeopardy Clause prevents someone from being prosecuted twice for the same criminal offense. However, under the dual sovereignty doctrine, federal and state governments are considered separate sovereigns.

So it is possible for someone already tried in state court to then face federal prosecution for the same crime. This is still relatively rare, but can happen in high profile cases.

Getting Legal Help

Facing potential federal charges is daunting. Federal prosecutors win a very high percentage of convictions, in part because federal law provides prosecutors with significant leverage in charging and sentencing.

Having an experienced federal criminal defense attorney is essential. A lawyer can argue to keep your case in state court if that is advantageous, or negotiate firmly with federal prosecutors. Don’t take chances if you are facing a federal investigation or charges.