Being in criminal proceedings can be stressful, but there are differences between State and Federal crimes that can affect the type of attorney you should hire to represent you.

State crimes are prosecuted when conduct violates state, city, town, or municipal government laws. These crimes often involve traffic violations, sexual assault, murder, or other conduct that violates state or local laws.

On the other hand, federal crimes typically involve violations of federal statutes such as mail fraud, immigration matters, IRS violations, drug trafficking, kidnapping, destruction of federal property, counterfeiting, and more. Federal laws deal with matters of a national concern, which usually involve disputes that have constitutional effects and laws passed by Congress.

In general, federal laws address matters of national concern. Federal courts consider disputes that involve the U.S. Constitution and the laws passed by Congress.

• Crimes committed on federal lands and properties such as government buildings, military bases, Native American reservations, and national parks
• Crimes that cross state lines such as drug trafficking, kidnapping and transporting the victim across state lines, and internet crimes such as fraud
• Crimes that involve federal officers or members of the government
• and Any customs and immigration violations

In the U.S., many enforcement agencies handle investigations into federal crimes and maintain law and order in matters regarding the entire country.   Although there are many federal enforcement agencies, most federal enforcement employees work for the Department of Justice (DOJ) and Homeland Security.

Under the DOJ, several different federal law enforcement agencies have been given the authority to investigate and prosecute cases under the United States Code. Agencies include; the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tabacco, Firearms and Explosives (ATF), and many others.

Federal charges usually carry harsher penalties than state crimes because the crimes themselves involve higher-stakes federal and national interests. Although the actual penalties levied still depend on the offense, sentencing guidelines for federal charges do not always result in harsher penalties for the same types of crimes.

The U.S. Sentencing Commission establishes sentencing guidelines, and a federal Judge has to calculate them properly but does not have to follow them. There are three types of federal crimes – felonies, misdemeanors, and infractions – and nine types of federal crimes. Below you can read about the sentencing guidelines for each:

Felonies

• Class A: Life or capital punishment and a fine of $250,000
• Class B: Minimum least 25 years in prison and a fine of $250,000
• Class C: 10 to 25 years in prison and a fine of $250,000
• Class D: 5 to 10 years in prison and a fine of $250,000
• Class E: 1 to 5 years in prison and a fine of $250,000

Misdemeanors

• Class A: 6 months to 1 year in prison and a $100,000 fine
• Class B: 30 days to 6 months in prison and a $5,000 fine
• Class C: 5 to 30 days in custody and a $5,000 fine

Infractions: Up to 5 days in custody and a $5,000 fine

Finding the right attorney can be a complex process, but a necessary one.  Gitelman (1971) conducted one of the earliest studies looking into the differences between appointed counsel and retain counsel. As a result, it has become a well-studied fact that defendants with appointed counsel plead guilty at   rates, receive fewer dismissals, and receive suspended sentences or probation less often than defendants that have hired an attorney.

Want to learn more about hiring an attorney for a federal criminal case? Read our informative How-To series written by attorney Jason Beckner on Hiring a Defense Attorney or contact the Border Defense Network today.