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Differences Between Federal and Kansas State Crimes.
Most people charged with a crime have broken the law, but did you know that not all laws are created by the federal government? A majority of the laws citizens must follow are created by the state they live in. Many state and federal laws are similar in nature, but as you will see, there are a variety of critical differences when the two are compared side-by-side.
Types of Federal Crime
The breaking of state laws account for a majority of the crimes prosecuted across the United States; however, many people commit federal crimes as well. In 2020, there were 64,659 federal crimes prosecuted to the point of sentencing; this is only a fraction of the federal crimes committed in the United States.
Federal crimes include:
- Tax evasion
- Possession of certain illegal weapons
- Mail fraud
- Carjacking
- Kidnapping across state lines
- Bank robbery
- Child pornography
- Credit card fraud
- Identity theft
- Computer sex crimes
- Illegal wiretapping
- Damaging or destroying public mailboxes
- Drug trafficking
- Electoral fraud
Common state crimes include:
- Assault / battery
- Domestic Battery / Domestic Assault
- DUI / DWI
- Kidnapping
- Stalking
- Robbery
- Homicide
- Sexual Battery
- Sexual Assault
- Drug possession charges
- Juvenile crimes
Who Prosecutes the Defendant.
One of the main differences between state and federal crimes is the entity that prosecutes the trial. When people are charged with state crimes, the team of prosecutors who go to trial are paid, trained, and assembled by the state. Therefore, if someone is accused of a DUI on a Kansas road, he or she will be prosecuted by men and women who work for the state of Kansas in a county or state courthouse.
When people are charged with federal crimes, the team of prosecutors who go to trial are paid, trained, and assembled by the federal government. Therefore, if someone is charged with a DUI in a national park, he or she will be prosecuted by men and women who work for the United States federal government in a federal court most convenient/relevant to the accused’s location.
Side note: if someone commits a crime that breaks state and federal laws, they may be prosecuted by both the state and federal government for the actions he or she committed. As a result of this rule, someone prosecuted by both the state and federal government may be convicted for both charges, or they may face a conviction from a single entity. Therefore, even if the accused earns a “not guilty” verdict for a crime at the state level, they could earn a “guilty” verdict at the federal level for the same act.
Sentences & Other Punishments
The last significant difference between state and federal crimes is the severity of punishments and the length of sentences. Generally speaking, federal sentencing guidelines are much stricter than state sentencing guidelines. Additionally, those who break federal law are likely to pay heavier fines than those who violate state laws.
Regardless of your criminal law needs, SRC Law Group, LLC is here to help. Our attorneys have experience with both Kansas state and federal crimes, which means we can handle any case you may have.
Need Federal or State Representation?
Regardless of your criminal law needs, SRC Law Group, LLC is here to help. Our attorneys have experience with both Kansas state and federal crimes, which means we can handle any case you may have.
What To Do When You’ve Been Charged With a Federal Crime.
So what can you do when you discover that your worst nightmare just came true? The feds are on your doorstep arresting you on a federal indictment. You are facing a lengthy prison sentence and you feel paralyzed. What do you do?
Be proactive.
The first step is to find an experienced federal defense attorney to help you from the start. Even if you have not had time to reach out, do not speak to the federal authorities without your attorney being present. What you say will be used against you in court. There are measures that can be put in place to protect you in this situation, but do not fall victim such statements as, “Don’t you want to help yourself?” or “You need to get on board early, this could be your only chance.” Ask to speak to your criminal defense attorney immediately and make certain your attorney is an experienced federal attorney who regularly practices in federal court.
Listen to your attorney.
You will likely be held in custody, even if only for a brief period of time. Do not speak to the other inmates. Every inmate in custody is trying to earn a reduced sentence and they all know that cooperating against another inmate is the quickest path to a shorter sentence.
Your phone calls are being recorded.
The case agents do listen to your phone calls. Although it is an isolating experience to be held in custody without your family and friends, talking freely on the phone is not a wise decision. The only time you should discuss your case is in the presence of your attorney.
You are no longer in state court.
The sentencing structure is entirely different, as is the negotiation process. Your attorney will need to get specific information from you and from the government’s reports in order to be able to give you a projected sentencing range. Be patient, as this process will take time.
What can you do to help yourself if you are arrested by federal authorities? You can help yourself by seeking out an experienced federal trial attorney .
LEARN ABOUT YOUR LEGAL OPTIONS
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