There are many ways for a law to be broken. There are so many criminal statutes that many people don’t even realize that they may have done something illegal. Individuals accused of breaking the law in California might find themselves facing either federal criminal charges or California state criminal charges.
The court process and penalties are different depending on the type of charges a defendant faces. Several key factors separate federal charges from state charges. The differences outlined below can help people make sense of the charges that they or their loved ones may be facing.
Certain offenses are state crimes prosecuted as state charges
The main difference between federal and state charges relates to the law that the defendant is alleged to have violated. Those accused of violating California State statutes may face State charges. Those accused of violating federal law face criminal prosecution in federal court.
Violent crimes often result in state-level prosecution. Assaults often result in state charges. The same is true of many types of property crimes. Shoplifting, burglary and theft are often state charges. Kidnapping and homicide are also usually state-level offenses.
However, charges can become federal offenses if they involve interstate activity, affect interstate commerce or make use of federal infrastructure. Those accused of simple theft may face California state charges. Those accused of wire fraud may face federal charges.
Homicide or kidnapping charges could become federal charges because they involve someone crossing state lines to avoid prosecution or hide evidence. Many drug charges are state-level offenses unless they involve a conspiracy or interstate commerce.
Federal investigations can lead to federal charges
Sometimes, drawing the attention of federal investigators can be the deciding factor as to which court handles a charge. A drug offense in California usually leads to federal prosecution once the Drug Enforcement Administration (DEA) takes over the investigation.
Federal charges often involve a more complex investigation process. There are more opportunities for people to break the law and put themselves at risk of prosecution in federal investigations. If the situation results in federal criminal charges, they could be subject to harsh federal mandatory minimum sentencing rules.
People who are subject to federal investigations or facing federal charges need specialized support. They need information about federal regulations and support when communicating with federal authorities. Small mistakes can have a major impact on the outcome of the case.
Those facing California criminal charges often need different strategies than those facing federal criminal charges. Reviewing a situation leading to an arrest with a skilled attorney will help a defendant plan the best response to the particular circumstance.
