What Is The Difference Between A Federal Felony And State Felony?
This article lets you know about the key differences between federal felony and state felony laws. Learn about the different types of felonies and the penalties for each.
Each state has its own statutes and laws that define criminal behavior that can range from a misdemeanor to a felony. Typically, such laws can only be imposed within the jurisdiction of the state. While a misdemeanor carries lighter sentences and fines, a felony is a serious crime that is punishable by imprisonment for more than one year or death.
There are two types of felonies in the US justice system: federal and state. Federal felonies are crimes that are punishable by the federal government, while state felonies are offenses punishable by the state government.
Examples of federal felonies include terrorism, espionage, murder, kidnapping, and drug trafficking. Examples of state felonies include murder, rape, robbery, and burglary.
Note that a criminal offense such as murder can be either a state felony or a federal felony. This is not unusual since certain types of victims can turn murder charges into state felony level.
How Are Federal And State Felonies Prosecuted?
A felony is a crime punishable by imprisonment for more than one year.
In the United States, felonies are divided into two categories: federal and state.
As mentioned earlier, the difference between a federal felony and a state felony is, that federal felonies are crimes that are prosecuted by the federal government. Meanwhile, state felonies are crimes that are prosecuted by state governments.
The majority of criminal cases in the United States are prosecuted by state governments. This does not mean, however, that you should take a federal felony lightly. In most cases, federal felonies carry severe punishments and heftier fines compared to state felonies. As an example, the maximum fine for a First Degree Felony in Texas is $10,000. Contrast that to a Class A Federal felony which has a maximum fine of $250,000.
The process for federal felonies is governed by the Federal Rules of Criminal Procedure, while the process for state felonies is governed by the rules of criminal procedure for the particular state.
Federal felonies are punishable by imprisonment for more than one year, while state felonies are punishable by imprisonment for more than one year or death.
What Are The Possible Punishments For Federal Felony And State Felony?
A federal crime is an offense that is prosecuted by the United States government. The United States Constitution gives Congress the power to create federal criminal laws, and federal crimes are defined in statutes enacted by Congress. Federal crimes are investigated by agencies such as the Federal Bureau of Investigation (FBI) and are prosecuted in federal courts.
The penalties for federal crimes depend on the severity of the offense. Misdemeanors carry a maximum penalty of up to one year in prison, while felonies carry a maximum penalty of up to life in prison. Some federal offenses also carry a death sentence.
Punishments for federal felonies can include up to life in prison, a fine of up to $250,000, or both. In some cases, federal felonies can also result in the death penalty.
Examples of Federal Felony:
- Bank robbery.
- Drug trafficking.
- Money laundering.
In contrast, a state crime is an act that is prohibited by state law and punishable by a fine, imprisonment, or both.
For example, it is a crime to drive under the influence of alcohol in Dallas TX. While this offense typically falls under a Class B Misdemeanor, certain circumstances can turn this into a state felony offense. In such instances, it is best to secure the services of a criminal attorney in Dallas to have a better plan of legal action.
The punishment for a state crime varies from state to state but can include a fine, probation, or imprisonment. In Texas, there are different levels of punishment for different types of state crimes.
Examples of State Felony:
- Aggravated assault/battery.
- Child abuse/neglect.
- Domestic violence.
- Drug possession/manufacturing/distribution.
- Grand theft auto.
The main difference between state and federal prosecutions is jurisdiction. Federal prosecutors can only bring charges for crimes that have been committed against federal law. State prosecutors have jurisdiction over crimes that have been committed against state law.
The penalties for a crime are also different in state and federal prosecutions. In general, the penalties for crimes prosecuted in federal court are more severe than the penalties for crimes prosecuted in state court.
How An Experienced Criminal Attorney In Dallas Can Help You
An experienced criminal defense attorney can help you navigate the criminal justice system, which can be confusing and intimidating. A skilled criminal attorney can also help you understand the charges against you and the potential consequences of those charges. Additionally, an attorney can investigate the facts of your case and work to put up a solid defense.
An experienced criminal attorney in Dallas can make a significant difference in the outcome of your case. If you are facing federal or state felony charges, an attorney can help you understand the charges against you and develop a strong defense.
So if you are facing either state or felony charges, do not make hasty decisions! Get the services of an experienced criminal attorney in Dallas to decide the course of action with the best possible outcome. Do remember that as an accused, you still have inherent rights to protect whether you are guilty or not.
A competent criminal attorney can also raise the question of whether the punishment is just to the severity of your crime. Whichever felony you are facing, do not think it’s the end of the line. You can always have a lifeline with a skilled criminal defense lawyer by your side providing practical and calculated legal counsel.