Federal Crimes
The difference between federal and state crimes is that federal crimes break federal legal code and state crimes break state laws. The U.S. Constitution allows states to govern themselves and most crimes in the U.S. fall under the jurisdiction of the state in which the offense occurs, but when the nation’s welfare is at risk Federal laws rule over state laws. The federal government has the authority to determine which crimes can constitute a federal crime. Federal offenses are investigated by government agencies such as the FBI, IRS or DEA.
Most federal offenses are defined under title 18 of the U.S. code. A federal crime is usually an illegal action that is committed across state lines. Example of these types these include kidnapping across state lines and interstate drug trafficking. Other federal crimes are bank robbery, counterfeiting, acts of terrorism, postal fraud, immigration violations, insider trading, identity theft, gun crimes, computer crimes, credit card and ATM fraud, organized crime and public corruption.
There are differences in trial and punishment for federal and state crimes. Federal trials are held in federal courthouses in the district in which the crime occurred, while a state trial is held in a county courthouse in the county in which the crime occurred. Sentencing is based on two factors: the conduct associated with the offense, and the defendant’s criminal history. Most judges are bound by what is called the “Federal Sentencing Guidelines” which assigns different points to each violation and calculates the punishment of the crime accordingly. Federal crimes are taken very seriously and come with harsher penalties than state crimes. It is important to speak with an Alabama federal crime defense lawyer about your case if you have been charged with a federal crime.
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