Whether federal charges are more severe than state charges is complex and depends on various factors, including the specific nature of the crime and the potential penalties involved. Federal charges can generally carry more severe penalties and involve more extensive investigations. However, federal courts also handle misdemeanors, which are typically considered lesser charges.
Still, the gravity of the charges largely hinges on the circumstances and specific legal context of each case. Keep reading to learn more about the differences between federal and state charges and why you should take criminal charges seriously, no matter which government agency is involved.
Difference Between Federal Charges & State Charges
Federal charges arise from violations of federal laws enacted by the U.S. Congress and apply nationwide. These cases are prosecuted by U.S. Attorneys and investigated by federal agencies such as the FBI, DEA, or ATF.
Examples of federal crimes include:
- Drug trafficking
- Racketeering/RICO charges
- Securities fraud
- Mail and wire fraud
- Counterfeiting and forgery
- Immigration offenses
In contrast, Massachusetts state charges stem from violations of state laws, which are enacted by the Massachusetts State Legislature and apply uniquely within the state. These cases are prosecuted by local district attorneys and investigated by state or local police.
Common state charges in Massachusetts might include:
- Assault
- Theft
- Driving under the influence (DUI)
- Burglary
- Domestic violence
- Vandalism
Penalties for federal crimes tend to be more severe due to the broader impact these crimes can have on national security and interstate commerce. On the other hand, state charges might result in penalties that are more directly aligned with the local community's standards.
Prosecution Process for State Charges vs. Federal Charges
State Charges
The prosecution of state charges typically begins at the local level. When a crime is reported or discovered, regional or state police normally conduct the initial investigation. If sufficient evidence is gathered, the case is presented to a local district attorney (DA), who decides whether to file formal charges.
Once charges are filed, the defendant may be arrested and arraigned in a state court, where they will hear the charges against them and enter a plea. The pre-trial process includes discovery, motions, and possibly plea negotiations.
If the case goes to trial, it will be heard in a MA State Court by a judge or jury. If convicted, the defendant will face sentencing as determined by state law.
Federal Charges
The prosecution process for federal charges is more complex and generally involves higher stakes. Federal investigations are usually conducted by federal agencies (such as the FBI), often with collaboration between multiple agencies. When sufficient evidence is collected, the case is referred to a U.S. Attorney, who decides whether to bring the case before a federal grand jury.
If the grand jury issues an indictment, the defendant is formally charged and will be arrested by federal authorities if not already in custody. The defendant is then prosecuted in federal court, where they hear the charges and enter a plea.
The federal pre-trial process likewise involves discovery, motions, and potential plea negotiations. However, federal trials are held in U.S. District Courts, and if the defendant is convicted, they face sentencing under federal guidelines, which tend to be more stringent than state guidelines.
What to Do If You Believe You Are Being Investigated for a Federal Crime
If you believe you are being investigated for a federal crime or have been charged with a federal crime, exercise your right to remain silent. Anything you say can potentially be used against you in court, so it is in your best interest to avoid making statements to law enforcement or federal agents without legal representation.
Next, contact our law firm, Brad Bailey Law. With over five decades of experience, Attorney Brad Bailey is a former federal prosecutor and has provided federal criminal defense services to clients facing charges in all federal courts in Massachusetts and several other states across the country. Our firm is ready to provide you with guidance now.
Fill out our online contact form to schedule a confidential consultation with us.