Nashville Federal vs. State Charges Attorney
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Understanding the difference between federal and state charges is essential when facing criminal allegations. While both can result in severe penalties, they operate under distinct legal systems with different procedures, laws, and consequences. Federal charges are prosecuted by the US government and typically involve violations of federal law, such as drug trafficking or large-scale fraud, often carrying harsher penalties and longer sentences. State charges, on the other hand, are prosecuted by state authorities and pertain to violations of state laws, such as theft or assault, with penalties that can vary widely depending on the state. Whether you’re facing a first-time, minor offense or a federal felony, Waynick Law is ready to protect your rights. We’re not afraid to fight back against the government. Contact us for a consultation – we’re here for you.
What’s the difference between federal and state crimes?
The difference between federal and state crimes lies primarily in the jurisdiction, the nature of the offenses, and the legal procedures involved. Here are the key distinctions:
Jurisdiction
Federal crimes: These are violations of federal law and are prosecuted by the US government. Federal crimes typically involve activities that cross state lines or affect interstate commerce, such as drug trafficking, mail fraud, or crimes committed on federal property.
State crimes: These are violations of state laws and are prosecuted by state authorities. State crimes generally involve offenses that occur within the state's borders, such as theft, assault, or DUI.
Nature of offenses
Federal crimes: Often involve more severe or complex activities, such as large-scale drug trafficking, organized crime, terrorism, and white-collar crimes like securities fraud. Federal crimes can carry harsher penalties and longer sentences.
State crimes: Include a wide range of offenses, from minor infractions and misdemeanors to serious felonies. Common state crimes include burglary, robbery, murder, domestic violence, and simple drug possession.
Legal procedures
Federal crimes: Prosecuted in federal courts, which follow the Federal Rules of Criminal Procedure. Federal cases are investigated by federal agencies such as the FBI, DEA, or ATF and are prosecuted by US Attorneys.
State crimes: Prosecuted in state courts, which follow the state's rules of criminal procedure. State cases are investigated by local or state police and are prosecuted by district or county attorneys.
Penalties
Federal crimes: Often result in more severe penalties due to the nature of the offenses and mandatory minimum sentencing guidelines. Federal sentences are served in federal prisons.
State crimes: Penalties can vary widely depending on the state and the specific crime. Sentences for state crimes are served in state prisons or local jails.
Overlap
Some crimes can be prosecuted under both federal and state law. For example, drug offenses can be charged at both levels, depending on the circumstances. When this happens, federal and state authorities may decide together how to proceed, and sometimes, a case can be prosecuted in both courts, known as "dual sovereignty."
Understanding whether you are facing federal or state charges is vital, as it affects the legal strategy and the potential penalties. The experienced criminal defense attorneys at Waynick Law are here to help you fight back and navigate the complexities of either system.
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What about double jeopardy?
Double jeopardy is a legal concept that prevents an individual from being tried twice for the same crime in the same jurisdiction. The Fifth Amendment to the U.S. Constitution enshrines this protection, stating that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." This protection applies specifically to criminal prosecutions, ensuring that once a person has been acquitted or convicted, they cannot be prosecuted again for the same offense in the same jurisdiction.
However, the principle of double jeopardy does not prevent separate sovereigns, such as federal and state governments, from prosecuting the same individual for the same act if it violates both federal and state laws. This is known as the "separate sovereignties doctrine." For example, a person acquitted in state court for a crime like drug trafficking can still be prosecuted in federal court if the act also violates federal law.
It's also important to note that double jeopardy protections do not apply to civil cases related to the criminal case. This means that an individual acquitted of a crime can still face civil lawsuits for related conduct. For example, a person acquitted of assault in criminal court can still be sued for damages in civil court by the victim. Also, double jeopardy doesn’t prevent subsequent prosecutions for different offenses arising from the same conduct if each offense requires proof of a different element. For instance, someone acquitted of burglary can still be prosecuted for possession of stolen property if the elements of the crimes differ.
The experienced Nashville criminal defense lawyer at Waynick Law can help you sort through your charges, and find ways to fight back.
What crimes are considered federal offenses?
Federal offenses are crimes that violate US federal law, and they are typically prosecuted by federal authorities. These offenses often involve activities that cross state lines, affect interstate or international commerce, or occur on federal property. Here are some common types of federal crimes:
- Drug trafficking involves the manufacturing, distribution, or possession with intent to distribute large quantities of controlled substances.
- Drug importation means bringing illegal drugs into the US from another country.
- Bank fraud is the defrauding of a bank or other financial institution.
- Wire fraud means using electronic communications to commit fraud.
- Mail fraud involves using postal services to commit fraud.
- Money laundering means concealing the origins of illegally obtained money, typically through transfers involving foreign banks or legitimate businesses.
- Securities fraud refers to deceptive practices in the stock or commodities markets, such as insider trading.
- Hacking is using unauthorized access to computers, networks, or data.
- Identity theft means stealing someone’s personal information for fraudulent purposes.
- Child pornography involves producing, distributing, or possessing child pornography.
- Terrorism is acts intended to cause widespread fear, disrupt governmental operations, or coerce a population or government.
- Hate crimes are crimes motivated by bias against race, religion, ethnicity, sexual orientation, or other protected characteristics.
- Kidnapping means abducting someone, particularly if the act involves crossing state lines or federal jurisdiction.
- Robbery of a federal institution involves robbing banks, post offices, or other federal institutions.
- Assault on federal officers means assaulting federal law enforcement officers or officials.
- Trespassing on federal property involves unauthorized entry into national parks, military bases, or other federal lands.
- RICO violations involve engaging in a pattern of racketeering activity, such as extortion, bribery, or money laundering, as part of an organized criminal enterprise.
- Illegal firearms sales involve selling guns without a license or selling them to prohibited persons.
- Bombing means using explosives to damage property or harm individuals.
The FBI, DEA, ATF, and ICE investigate federal crimes. These offenses are prosecuted by US attorneys in federal courts. On average, the penalties for these are often more severe than those for similar state crimes.
How are federal and state crimes prosecuted?
The prosecution of federal and state crimes differs in several key ways, including the jurisdiction, investigative agencies involved, court systems, and legal procedures. Here’s a detailed look at how the authorities prosecute each type of crime:
Federal crimes
Federal crimes are violations of federal laws enacted by Congress. These crimes typically involve activities that cross state lines, affect interstate commerce, or occur on federal property.
Federal crimes are investigated by federal agencies such as:
- Federal Bureau of Investigation (FBI)
- Drug Enforcement Administration (DEA)
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
- Immigration and Customs Enforcement (ICE)
- Secret Service
Federal crimes are prosecuted by US Attorneys, who are appointed by the President and operate under the Department of Justice (DOJ).
Federal criminal cases are tried in US District Courts. There are 94 federal judicial districts, each with its own District Court. Appeals from District Court decisions are heard by the US Court of Appeals for the respective circuit and potentially by the US Supreme Court.
State crimes
State crimes are violations of state laws enacted by state legislatures. These crimes generally involve activities that occur within the state’s borders.
State crimes are investigated by state and local law enforcement agencies, such as:
- State Police
- County Sheriffs
- City Police Departments
District Attorneys (DAs) or County Attorneys prosecute state crimes. These individuals are typically elected officials in the state or local government.
State criminal cases are tried in state courts. These include:
- Trial courts: These are also known as Superior Courts, Circuit Courts, or District Courts, depending on the state.
- Appellate courts: Intermediate appellate courts review trial court decisions.
- State Supreme Court: The highest court in the state reviews decisions from appellate courts.
How are federal and state crimes sentenced?
Sentencing for federal and state crimes follows distinct procedures and guidelines, reflecting the different legal frameworks and jurisdictions involved.
Federal crimes
Federal crimes include the following sentencing guidelines:
- U.S. Sentencing Commission: Federal sentencing is guided by the U.S. Sentencing Guidelines, which provide a framework for judges to determine sentences based on the severity of the offense and the defendant's criminal history.
- Factors considered: Judges consider factors such as the nature and circumstances of the offense, the defendant's role in the offense, any prior criminal history, and whether the offense involved violence or other aggravating factors.
- Statutory requirements: Some federal offenses carry mandatory minimum sentences prescribed by law, requiring judges to impose a specific minimum sentence regardless of other factors.
- Advisory guidelines: While the US Sentencing Guidelines are advisory rather than mandatory following a Supreme Court decision (United States v. Booker), judges typically consult them closely when determining sentences.
- Judicial discretion: Judges have discretion within the guideline range to impose a sentence they deem appropriate based on the specific circumstances of the case.
- Sentencing hearing: Defendants have the right to a sentencing hearing where their attorney can present arguments regarding the appropriate sentence. Victims may also provide impact statements at such hearings.
- Appellate review: Federal sentences can be appealed on various grounds, including errors in sentencing calculations or procedural issues during the sentencing hearing.
State crimes
State crimes include the following sentencing guidelines:
- State guidelines: Sentencing in state courts follows guidelines established by state laws and may vary widely between states.
- Judicial discretion: Like federal judges, state judges have discretion to impose sentences within statutory limits, considering factors such as the nature of the offense, the defendant's criminal history, and the impact on victims.
- State statutes: Some state offenses also have mandatory minimum sentences, requiring judges to impose a specific minimum term of imprisonment for certain crimes.
- Varies by state: Each state sets its own sentencing guidelines and ranges for different offenses, ranging from probation and fines for misdemeanors to lengthy prison terms for felonies.
- Sentencing hearing: States also generally allow for a sentencing hearing where both sides can make arguments for and against specific penalties.
- State appellate review: Similar to federal cases, state sentences can be appealed on grounds such as errors in sentencing procedures or misapplication of state sentencing laws.
Navigating sentencing in either federal or state court requires an understanding of the specific legal standards and procedures in each system. Consulting with an experienced criminal defense attorney who is familiar with the applicable federal or state laws can provide the best possible protection in sentencing hearings. Talk to the criminal defense warriors at Waynick Law in Nashville today to learn how we can stand up for you and safeguard your future.
Nashville federal and state charges attorneys near me
Waynick Law PLLC serves clients out of its offices at 95 White Bridge Road, 5th Floor – Suite 512B, Nashville, TN 37205 and 504 E. College Street, Dickson, TN 37055. If you are unable to come to our offices, we can often make arrangements to meet with you elsewhere or discuss your case over the phone.
Talk to our dedicated criminal defense attorney today
If you're facing criminal charges, whether at the federal or state level, securing experienced legal representation is essential to navigating the complexities of the legal system and advocating for your rights. The skilled Nashville criminal defense attorneys at Waynick Law are here to fight to protect you throughout the entire process. From the investigation to sentencing, we’re working to ensure that you can challenge the accusations against you. Don't face criminal charges alone—consult with a dedicated lawyer who will vigorously defend your interests and work towards achieving the best possible outcome for you. Your future is too important to leave to chance. To schedule a meeting with an experienced criminal defense attorney, simply call our offices or fill out our contact form.