What’s the Difference Between a State and Federal Criminal Case?

The main difference between a state and a federal criminal case is the body of law under which the defendant is charged. State cases are those brought under state law, while federal cases are those that are brought under federal law. Therefore, federal cases are filed in federal courts, and state cases are filed in state courts. While that may seem like a trivial distinction, it can make all the difference in the world. Below we’ll take a look at some other distinctions between state and federal criminal cases.

Federal cases have different procedural rules and rules for discovery 

What are the main differences between state and federal rules? Florida state prosecutors are required to turn over substantially more discovery evidence to a criminal defendant than a federal prosecutor would be required to.

 Different law enforcement agencies handle the arrest and investigation

Violations of state law are handled by local police and prosecutors, the sheriff’s department, or state police. Meanwhile, federal crimes are investigated by the Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA), or another among the alphabet soup of federal agencies that investigate criminal activity. In addition, federal agencies tend to build larger cases while state agencies run shorter investigations in response to an event that triggered a call to law enforcement.

Sentencing works differently in federal courts than a dozen state courts 

Both state and Florida criminal courts employ a score sheet to determine the sentence for any given crime. In the state of Florida, we use the sentencing score sheet to determine the lowest permissible sentence in a specific case for felony cases. The score sheet takes a variety of factors into account. This includes the main crime charged, prior criminal history, and whether or not the suspect used a firearm. In federal courts, judges generally consider a more complicated set of sentencing guideline factors.

 Those sentenced are sentenced to different prisons 

Those who are convicted or plead guilty are sentenced to different prisons. If you’re convicted under state law you would be sentenced to a state prison unless your term was a year or less. In that case, you would be sentenced to county jail as opposed to state prison.

What if a crime is prosecutable under both state and federal law?

You may have heard of the term “double jeopardy.” This means that a person cannot be charged twice for the same crime. What many people are not aware of is that because the state and federal systems are separate, you can be charged under both federal and state law for the same crime. One example of this was Derek Chauvin, the police officer charged with the killing of George Floyd. Chauvin was convicted of second-degree murder in state court and then pleaded guilty to a federal charge of violating Floyd’s civil rights through the use of unreasonable force. The charge was based on the same actions. Chauvin was able to negotiate a plea allowing him to serve time in federal prison rather than remaining in a Minnesota prison where he stayed in isolation for the majority of the time.

Talk to a Tallahassee, FL Criminal Defense Lawyer Today 

Luke Newman, P.A. represents the interests of those charged with both state and federal crimes in Tallahassee FL. Call our Tallahassee criminal defense lawyers today to schedule an appointment and we could begin preparing your defense immediately.