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Federal Crimes Vs State Crimes

State Crimes

When a person commits a crime, there are two distinct types of offenses: state and federal. Both have similar penalties and are prosecuted by the same government agency. Nevertheless, there are some significant differences between the two. The first type of offense is usually more serious. This includes felony charges, but is still a crime. Both state and federal offenses involve the use of federal property. In addition, some crimes have a mandatory minimum sentence.

Federal crimes fall under the umbrella of the U.S. Constitution. The President of the United States has the power to enforce federal law. The President delegated the law enforcement authority to the federal investigative agencies, such as the FBI, Secret Service, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Homeland Security, and Bureau of Prisons and Immigration and Customs Enforcement. These agencies also receive cooperation from state and local agencies.

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State and federal crimes differ in their types. The federal government is the sole authority over state laws. A federal criminal law must be tied to a national or international issue. A criminal offense committed in one state can be prosecuted in another state. For example, a federal felony is an internet fraud scheme that victimizes individuals in more than one state. The two levels of prosecution are vastly different. However, a state felony conviction is more serious than a federal one.

Federal Crimes Vs State Crimes

In many cases, the federal government may take over a case when state law conflicts with the constitution. The majority of criminal trials are held in state courts, so the case is not necessarily a national crime. A federal trial will proceed differently from a state trial. And as the name implies, state courts are generally the court of first instance for the state and the defendant. This distinction is important, because a person can be prosecuted under both types of law.

A federal crime is a violation of the U.S. Constitution. A state can prosecute a person in any jurisdiction, so long as it violates the Constitution. The supremacy clause stipulates that federal law always wins. If a person commits a federal crime, the case is a violation of the constitution. If state law is not enforced properly, a case may be referred to the Supreme Court.

Federal charges are different from state crimes. While a federal crime may be a violation of a state law, it may be the result of a larger federal investigation involving multiple states. For example, a robbery charge in Arizona could be related to a larger organized crime. In contrast, a state court case can be prosecuted in a federal court when the federal charges involve a national criminal organization.

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