Federal Crimes And State Crimes: What Are The Differences?

When facing criminal charges in Mississippi, understanding whether you’re facing state or federal prosecution can significantly impact your defense strategy. At Sumrall & Welch, PLLC, we are criminal defense attorneys with over 70 years of combined experience tackling both court systems. We know that the differences between them can dramatically affect case outcomes.

State crimes are those crimes that break state law and that cover the majority of crimes. Federal crimes are those crimes that the federal government has specifically designated as federal crimes. Federal law has priority over state laws.

Common Examples Of State Crimes In Mississippi

As Mississippi criminal defense attorneys will explain, state crimes make up the majority of criminal cases in our local courts. These include:

• Murder
• Rape
• DUI
• Theft
• Drug possession
• Robbery and shoplifting
• Assault

Most misdemeanors are state crimes.

When Crimes Fall Under Federal Jurisdiction

Federal charges typically involve different elements than state charges, requiring specific defense strategies. Common federal crimes include:

• Terrorism
• Tax evasion, if the taxes are those levied by the IRS
• Bank robberies and bank fraud
• Mail fraud
• Theft from emails

Some narcotics crimes can be federal crimes if they involve the purchase of drugs in one state and the sale of them in another state.

Other crimes that cross the boundaries of a state, such as kidnapping, can also be federal crimes. Because computer crimes, such as internet pornography or computer hacking, are not limited by state boundaries, they are usually federal crimes. Also, if you are charged with DUI while on federal property, then that could be a federal crime.

Key Differences In Federal And State Court Procedures

The court procedures and jurisdictions for federal and state crimes differ greatly. For one, federal courts are separate from state courts physically. In Mississippi, the federal courts are organized in different districts, the Northern and Southern Districts of Mississippi, while state courts are separated into multiple different districts in the state depending on the court. They also have a different set of judges, prosecuting attorneys and courtroom procedures.

Federal courts adhere to the Federal Rules of Criminal Procedure no matter where they are based. State courts follow rules laid down by state legislatures and courts. These differences alone will not make a huge difference to the outcome of most cases but will influence the procedures for the criminal proceedings.

Understanding Sentencing Guidelines

In federal courts, judges across the country have to take account of the federal sentencing guidelines. These provide advice to federal judges on appropriate sentences for different crimes. The guidelines used to be mandatory, but since 2005, they have just been advisory.

The guidelines set out a formula, combining the nature of the offense committed with the defendant’s criminal record. Judges make their own decisions on which sentences to apply. However, judges are required to take account of the guidelines when making decisions on sentencing.

In individual states, state legislatures and state judges define sentencing policies. Many state legislatures have passed laws outlining maximum and minimum sentencing penalties for particular crimes.

For example, many states, including Mississippi, have passed “habitual offenses” laws, also known as “Three Strikes” laws, which require that judges impose life sentences if a criminal has been convicted of three felonies. Whether there is a death penalty for state crimes is also determined by individual states.

Why The Right Legal Representation Matters

The laws for both federal and state crimes are constantly changing. If facing federal charges, you need a criminal defense attorney with federal case experience who stays current with sentencing guideline changes. For state crimes, you need someone well-versed in Mississippi state law.

Get Trusted Defense For Charges Of All Kinds

Facing criminal charges at any level is no laughing matter. Our experienced criminal defense attorneys understand the nuances of both federal and state criminal defense in Mississippi. We provide personalized representation tailored to your specific situation.

Don’t risk your future with inadequate representation. Contact Sumrall & Welch today in Jackson at 601-533-5551 or use our access form for a free and confidential consultation. We serve Hinds County and all of Mississippi with dedicated criminal defense knowledge and skill.