Not all criminal cases are handled in the same courtroom—or by the same government. In the United States, both state and federal authorities have the power to charge individuals with crimes. That means the same conduct could be treated very differently depending on who brings the case.
If you’re facing criminal charges, it takes a skilled defense attorney to handle state and federal cases, guide you through the system, and protect your rights. Here’s what you need to know about the difference between state and federal charges
What Are State Charges?
Most criminal cases in the U.S. are prosecuted at the state level. These cases involve alleged violations of state laws and are typically brought by local authorities, such as the district attorney or county prosecutor.
State charges usually include crimes such as:
- Assault and battery
- Theft and burglary
- DUI and traffic-related offenses
- Drug possession or distribution within state boundaries
- Domestic violence
State cases are heard in superior, circuit, or municipal courts, depending on the location and severity of the charge. If city police or county sheriffs have arrested you, chances are you’re dealing with a state charge—the laws of that specific state guide sentencing for these offenses.
What Are Federal Charges?
The United States government brings federal charges through the U.S. Attorney’s Office. These cases involve violations of federal law or crimes that cross state lines. Federal investigations are often led by agencies such as the FBI, DEA, ATF, or the Department of Homeland Security.
Common federal offenses include:
- Drug trafficking across state or national borders
- Internet-based crimes (e.g., wire fraud, identity theft)
- Immigration offenses
- Mail fraud and tax evasion
- Crimes on federal property or involving federal employees
Federal cases are heard in U.S. District Court and are subject to a different set of rules and sentencing guidelines. If you’ve been contacted by a federal agent or received notice from a U.S. Attorney, it’s likely your case falls under federal jurisdiction.
Key Differences in How State and Federal Cases Are Handled
Although both systems involve criminal prosecution, there are several meaningful differences in how state and federal charges are processed:
- Investigators and Prosecutors – State charges are typically investigated by local police and prosecuted by the district attorney. Federal charges usually involve more extensive investigations by federal agencies and are prosecuted by U.S. Attorneys.
- Court Systems – Local courts handle state cases, while federal cases are tried in U.S. District Courts and may be appealed to federal appellate courts.
- Sentencing–State courts may offer more flexibility in sentencing, including probation or diversion programs. Federal sentencing often involves mandatory minimums and is guided by the Federal Sentencing Guidelines.
- Plea Negotiations–Plea deals in federal court tend to be more limited. Federal prosecutors are often less flexible than their state counterparts.
- Pretrial Process–Federal cases may take longer to develop, as they often result from months of investigation before charges are even filed.
Because federal prosecutions tend to be more resource-intensive and severe, the stakes are often higher.
Can You Face Both State and Federal Charges?
Yes, in some cases, a person can be prosecuted by both the state and federal government for the same underlying conduct. This is allowed under what’s known as the “dual sovereignty doctrine.” Since state and federal governments are separate sovereigns, each can pursue its own case without violating double jeopardy protections.
For example:
- A person caught transporting large quantities of drugs across state lines could face federal drug trafficking charges and state-level possession or distribution charges.
- A firearms offense that violates both California law and federal law could trigger charges in both systems.
Whether dual prosecution actually happens depends on the seriousness of the offense and the level of coordination between agencies.
Why the Distinction Matters
Understanding whether a charge is state or federal affects more than just where the case is heard. It has a direct impact on:
- The potential penalties you face
- Whether you’re eligible for diversion, treatment court, or other alternatives\
- How aggressively the case is investigated and prosecuted
- Your options for defense and appeal\
Federal charges tend to carry steeper consequences and may come with fewer opportunities for negotiated outcomes. On the other hand, state cases may allow for more localized strategies, including pretrial motions, plea reductions, or alternative sentencing.
The system you’re in shapes everything from bond conditions to trial procedures. That’s why it’s critical to work with a defense team that understands both state and federal courts.
Protecting Your Rights in Either System
Whether you’re facing charges in a California state court or have been indicted in federal court, understanding what you’re up against is the first step toward a strong defense. At The Law Offices of Johnson & Johnson, we have represented clients in both systems and know how to approach each case with the focus it demands.
Our team has the courtroom experience and skills needed to challenge charges, negotiate with prosecutors, and defend your rights—whether your case remains local or is transferred to the federal level.
If you’ve been charged with a crime and aren’t sure whether it’s a state or federal matter, contact us today. We’ll help you understand your case, your rights, and what comes next.