CHARGES

What Is the Difference Between Federal Crimes and Texas State Crimes?

Federal crimes are offenses that are described by the United States Code – a document composed of laws passed by Congress-while state crimes are offenses that are described by state criminal codes. In Texas, the most common source of state codes describing offenses is the Texas Penal Code. Title 18 of the United States Code is the portion of federal law that deals specifically with federal criminal law.

Federal and state crimes also differ based on the agencies that are responsible for investigating and prosecuting them. The enforcement of all federal law is ultimately the authority of the President of the United States. The President delegates this Law enforcement responsibility to federal investigative agencies such as the FBI, Secret Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Homeland Security, and the Securities and Exchange Commission. As a practical matter, many of these agencies seek and receive cooperation from local and state law enforcement agencies.

Another difference between these crimes is the courts they are prosecuted in. Federal criminal trials are held In federal district courts, whereas state criminal trials are held in state courts. Some criminal acts are crimes only under federal law, but many criminal acts such as bank robbery are crimes under both federal and state law and may be prosecuted in either federal or state court.

What Makes Federal Charges More Severe Than State Charges?

Federal charges, for the most part, carry harsher penalties than state charges. The reason these indictments often involve more severe consequences is that federal or national interest is at stake. It’s important to note, however, that the penalties leveled against you depend on the exact offense with which you’ve been charged and that federal charges don’t always result in a harsher penalty. Nevertheless, the majority of convictions for federal charges result in longer prison terms, heftier fines, and other additional statutory penalties.

In particular, federal drug crimes carry harsh mandatory minimum sentences. Individuals convicted of federal crimes and sentenced to prison will go to federal prison, rather than state prison.

In addition, because the federal government typically Has more staff and resources to commit to a case, federal prosecutions can be very difficult to defend. It’s not uncommon for state prosecutors to sometimes overlook evidence that a federal prosecutor normally wouldn’t.