Federal Crimes vs Ohio State Crimes – What’s the Difference?

The main difference between state and federal crimes is that a state crime occurs when someone violates state law. In contrast, a federal crime occurs when someone violates the federal legal code. In some respect, a state’s laws will differ from those of another state, whereas federal law is uniform throughout the United States. In some cases, a crime will be classified as both a state and a federal offense.

Another significant difference between federal crimes and state crimes is where they are prosecuted. For example, federal criminal proceedings are held in a different courthouse than state criminal proceedings, and federal criminal proceedings are presided over by federal judges. Federal criminal court procedures can be complicated, and they frequently involve multiple federal agencies.

Getting the right legal representation is important when you’re charged with a crime. One of the first things to consider is whether you’ve been charged with a federal crime or a state crime. To achieve the best possible outcome for your case, you’ll want a legal professional who is knowledgeable about federal crimes vs. state crimes.

People don’t only abide by legal codes set by the state in which they live; they also abide by a federal legal code set by the United States government. If you’re accused of breaking a law, the charges you face will depend on the type of crime that’s been alleged, as well as the agencies involved in investigating it.

Here are a some more key differences and things to know about federal crimes vs. state crimes.

Federal Crimes

When an individual violates federal law, they commit a federal crime. Most notably, a federal crime is committed when criminal activity crosses state lines or impacts interstate commerce. While local and state law enforcement investigates state crimes, federal law enforcement investigates federal crimes through agencies such as the Drug Enforcement Administration (DEA), the Internal Revenue Service (IRS), and the Federal Bureau of Investigation (FBI). When a federal crime goes to trial, the U.S. Attorney’s Office will prosecute it. If a person is convicted of a federal crime, they will be sentenced to federal prison.

Examples of Federal Crimes

Federal crimes typically involve federal government agencies such as the Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA), Department of Homeland Security, the Internal Revenue Service (IRS), the Bureau of Alcohol, Tobacco, and Firearms (ATF), Border Patrol, Secret Service, or even possibly the Postal Service. Federal crimes can include:

• Drug crimes, including trafficking or importation, drug conspiracy, and drug manufacturingDrug trafficking
• Crimes related to immigration
• Crimes that include weapons charges
• Organized crime
• Computer-related fraud and crime
• Internet crimes
• Mail fraud
• Parole violations
• Sex crimes
• Tax crimes
• Violent crimes, including weapons charges
• White-collar crimes, including embezzlement, forgery, bribery, corruption, money laundering, fraud, and conspiracy
• Wire fraud

Ohio State Crimes

When a person violates the state’s statutes as set forth in the Ohio Revised Codes and Ohio Administration Codes, the offense becomes a state crime in Ohio. These are crimes committed both within and against the state of Ohio.

Examples of State Crimes

The majority of crimes that are committed can be categorized by state law as criminal acts. Therefore, they are considered as state crimes. They’re investigated by local police officers, state agents, or county sheriffs.

Some of the types of Ohio state crimes include:

• Assault/battery
• Kidnapping
• Stalking
• Robbery
• Homicide
• Sexual battery
• Armed robbery
• Arson
• Burglary
• Drug possession and peddling
• Fraud
• Grand theft auto
• Kidnapping and extortion
• Murder
• Rape
• Reckless homicide
• Sex Crimes

This list covers just a few of the many charges that are considered to be state crimes.

An offense may be classified as both a federal and a state crime in a few cases. Without violating the double jeopardy clause, such crimes are prosecuted in both federal and state courts. This occurs when certain crimes violate both state and federal laws.

How Are Federal Crimes vs. State Crimes Prosecuted?

The state court and federal court are two entirely different systems — with different courthouses and judges. Federal judges will preside over federal criminal cases, while elected state court judges preside over state criminal cases. Assistant U.S. Attorneys prosecute federal cases, while state district attorneys and city attorneys cover state crimes.

In addition to this, Federal criminal court proceedings operate under different guidelines than state proceedings. They will often involve testimony and the presentation of evidence from one of the agencies mentioned earlier (FBI, DEA, etc.). It’s key for defendants to be represented by an experienced federal crime attorney who is familiar with the kind of forensic evidence that is typically presented in such cases. They know how to take all of the evidence into consideration while working with their clients to formulate the necessary legal strategy to maintain constitutional rights and generate the best outcome.

How Do State And Federal Courts Systems Differ?

Federal crimes are tried in federal courts, while state crimes are tried in state courts. Though the prosecution processes are similar, these courts have distinct differences in their legal systems. These distinctions can be seen in court levels, jurisdictions, and criminal justice procedures.

Cases in federal courts are prosecuted by a U.S. Attorney or an Assistant U.S. Attorney, whereas cases in state courts are prosecuted by a state, district, or city attorney. Federal judges are appointed, whereas state judges can be appointed or elected.

Jail VS. Prison

Although many people use the terms “jail” and “prison” interchangeably, there are significant differences between the two.

Jails are typically run by a local government, usually a county government, and are used to hold people awaiting trial or for shorter sentences of incarceration after a criminal conviction. Prisons are typically run by a state’s corrections department or, in the case of federal crimes, the Federal Bureau of Prisons.

Length of Sentences

Another major difference between federal crimes vs. state crimes is the required sentence. Federal judges are steered by federal sentencing guidelines when handing down a sentence. Mandatory minimum sentencing means that federal sentences tend to be much more lengthy than state sentences. Even if their crimes are similar, someone being sentenced for a federal crime will typically face a much more harsh penalty than someone who has been convicted of a state crime.

The facilities where sentences are carried out differ, as well. People sentenced to do time for a federal crime will be sent to a federal prison, while those who serve time for a state crime will be sent to state prison. Federal prisons tend to house more non-violent offenders (such as people convicted of white-collar crimes), while state prisons house large populations of people convicted of violent crimes.

Legal Representation Matters

No matter what crime you’ve been charged with, it’s critical to secure legal representation that is experienced and knowledgeable in navigating the criminal justice system. This is of particular importance if you’ve been charged with a federal crime because the sentences for federal charges are so strict.

If you have been charged with a federal crime, Cleveland federal crime attorney Matthew C. Bangerter, ESQ. can help. Click here for an initial consultation or call (440) 241-4237 to start planning your defense.

Charged With A Criminal Offense?

It is vital to hire a criminal law attorney as soon as possible if you have been charged with a criminal offense. Having an experienced criminal law attorney represent you may help your case and reduce or dismiss the charges against you. The Fortress Law Office will be able to advise and guide you throughout any criminal proceedings that may arise from your criminal charge.

Improperly Convicted Of A State Or Federal Felony? Ohio Criminal Defense Attorney Matthew C. Bangerter Can Help

Every day we meet with clients who have been wrongly accused. Some clients have even suffered jail time. Any felony is a serious charge and has the potential to ruin the rest of your life. You need an ally, someone who can fight for you. As a former prosecutor, Ohio criminal defense attorney, Matthew Bangerter, at The Fortress Law Office brings extensive experience in criminal defense and knowledge of the strategies employed by the prosecution team.

What does this mean for you and your case? You can work directly with your criminal defense lawyer to develop a comprehensive criminal defense strategy with your best interests in mind. If you’ve been improperly convicted of a state or federal felony, don’t wait to get help. Contact The Fortress Law Office here or call (440) 659-1315 to schedule a consultation.