Federal Versus State Criminal Charges: What’s the Difference and Why It Matters
Have you been arrested or charged with a crime in Florida? If so, one of the first questions you may have to answer is whether your case will be prosecuted in state court or federal court. While both systems enforce criminal laws, there are important differences in procedures, penalties, and resources. Understanding the differences is critical since where your case is handled often determines the strategy your criminal defense attorney will use.
State criminal charges in Florida
Most criminal cases in Florida are handled in state court. These include offenses defined under Florida statutes, such as:
- DUI and traffic crimes
- Drug possession and certain trafficking offenses
- Assault and battery
- Theft, burglary, and robbery
- Domestic violence cases
State prosecutors pursue these charges in county or circuit courts. Penalties generally range from fines and probation for misdemeanors to lengthy prison terms for felonies.
In state court, sentencing is determined by Florida’s Criminal Punishment Code, which uses a scoresheet system to determine the minimum and maximum penalties a judge can impose. Judges often have some discretion when handing out sentences, and plea negotiations can play a major role in the outcome.
Federal criminal charges in Florida
Federal crimes involve violations of U.S. laws and are prosecuted in federal court. Common examples of these include:
- Large-scale drug trafficking and distribution
- White-collar crimes such as wire fraud, bank fraud, and embezzlement
- Internet crimes, including child exploitation or computer hacking
- Crimes that cross state lines, such as kidnapping or interstate drug dealing
- Firearms offenses under federal statutes
Federal charges are prosecuted by the U.S. Attorney’s Office. These investigations tend to be led by agencies such as the FBI, DEA, ATF, or Homeland Security. These agencies have substantial resources on which to draw, much more so than local police, which can make the case more complicated to defend.
Federal court sentencing follows the U.S. Sentencing Guidelines, which can result in very harsh penalties. Federal judges have less discretion than state judges when it comes to sentencing. Even first-time offenders can face significant prison time if convicted.
Why the difference is important
Whether you are facing charges in state or federal court, the stakes are high. But federal cases in particular demand immediate and experienced legal representation. The rules are different, the prosecutors are aggressive, and the consequences can last a lifetime.
If you have been charged with a crime in Florida, or believe you are under investigation, it is essential to consult with a defense attorney who understands both state and federal systems. With the right strategy, you can protect your rights and fight for the best possible outcome.
Talk to a Tallahassee Criminal Defense Lawyer Today
Luke Newman, P.A., represents the interests of Tallahassee residents who have been charged with serious crimes. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.
