What Constitutes a Federal Crime? Key Differences Between Federal and State Charges
If you or a loved one is facing criminal charges, you might be unsure of what the charges mean, who is coming after you, and what the future holds. Understanding the key differences between federal and state charges can help you better understand the legal system and protect your rights.
Working with a qualified criminal defense attorney is crucial when you’re facing charges. At The Law Offices of Richard L. Cooper, P.A., we provide residents of Miami, Florida, the criminal defense services they need. Here, let’s break down what federal crimes are, how they differ from state crimes, and what that means for someone accused of a crime in Florida.
What Is a Federal Crime?
A federal crime is any act that violates federal law as established by the United States Congress. These laws apply to the entire country, not just a single state. When someone breaks a federal law, the crime is prosecuted by the United States government, usually through the U.S. Attorney’s Office and tried in federal court. Common federal crimes include:
Drug trafficking across state or national borders
Mail fraud or wire fraud
Bank robbery
Child pornography
Terrorism or national security threats
Immigration violations
White-collar crimes (e.g., securities fraud, tax evasion)
Crimes committed on federal property (e.g., national parks or military bases)
If you're being investigated by a federal agency like the FBI, DEA, ATF, or ICE, you're likely involved in a matter of federal jurisdiction.
What Is a State Crime?
In contrast, state crimes are violations of Florida’s criminal code. These are prosecuted by the State Attorney’s Office (also called the district attorney in other jurisdictions) and tried in Florida state courts. These laws vary from state to state and only apply within that particular state’s borders. Examples of state crimes in Florida include:
Assault and battery
Possession of controlled substances (without trafficking across state lines)
Simple drug possession
Violation of probation or restraining orders
State crimes are often investigated by local police departments or state agencies like the Florida Department of Law Enforcement (FDLE).
Key Differences Between Federal and State Charges
Now that you understand the basic definitions, let’s look at some of the key differences that matter most when you’re facing criminal charges in Florida:
Jurisdiction
State charges apply to crimes that happen within Florida and don’t involve federal laws or cross state lines. Federal charges are filed when the crime affects interstate commerce, occurs on federal property, or violates a specific federal statute. For example, transporting drugs from Miami to Atlanta could trigger federal drug trafficking charges.
Investigative Agencies
Understanding which investigative agencies are involved in federal versus state crimes is essential. State crimes are investigated by local police, county sheriffs, the Florida Highway Patrol, or the Florida Department of Law Enforcement.
Federal crimes are investigated by federal agencies like the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), or Immigration and Customs Enforcement (ICE).
Court System
Federal cases go through the United States District Court for the district in which the crime occurred. Florida has three federal districts:
Northern District of Florida (Tallahassee, Pensacola, Gainesville)
Middle District of Florida (Tampa, Orlando, Jacksonville)
Southern District of Florida (Miami, Fort Lauderdale, West Palm Beach)
State cases are tried in Florida Circuit or County Courts, depending on the severity of the charge. If you find yourself in a situation where you’ve been charged with a crime in one of these districts, contact our law office today for assistance with your case.
Sentencing Guidelines
Federal crimes are subject to the U.S. Sentencing Guidelines, which are typically harsher than Florida’s state sentencing rules. Federal judges have less discretion and are bound by these strict guidelines unless there are exceptional circumstances.
Florida’s state courts use a Criminal Punishment Code that provides a scoring system to determine the sentence. While serious offenses still carry heavy penalties, state judges generally have more flexibility in tailoring sentences.
Prosecutors and Defense Counsel
Federal cases are handled by Assistant U.S. Attorneys (AUSAs). These prosecutors often have fewer cases than their state counterparts, which means they can spend more time building a strong case. You need someone with experience in both jurisdictions if your case could potentially go federal. Contact our firm today to learn more about our services.
Common Types of Federal Charges in Florida
At The Law Offices of Richard L. Cooper, P.A., we’ve handled a wide range of federal criminal defense cases. It’s important to have representation with experience in the types of charges you’re facing. Some of the most common federal charges we’ve represented include:
Federal Drug Charges
Florida is a hotspot for federal drug investigations due to its location and proximity to international shipping routes. If you’re caught with large quantities of controlled substances or involved in distribution networks, the DEA may pursue federal charges.
Fraud and White-Collar Crimes
Wire fraud, tax fraud, identity theft, and healthcare fraud are aggressively prosecuted by federal authorities. In Florida, this often includes Medicare fraud, especially in Miami-Dade County. If you’re facing these types of charges, contact our firm today to discuss your case and how we can help represent you.
Cybercrimes and Internet Offenses
Online crimes that cross state lines, such as child pornography, computer hacking, and cryptocurrency scams, fall under federal jurisdiction. Florida residents can be investigated by the FBI or the Department of Homeland Security for these offenses.
Common State Charges in Florida
While federal charges often make headlines, most criminal defense cases in Florida are handled at the state level. These offenses violate Florida law and are prosecuted by the State Attorney’s Office in the county where the alleged crime occurred. Here are some of the most common types of state-level criminal charges Floridians face:
Drug Possession
Possession of controlled substances like marijuana, cocaine, heroin, methamphetamine, or prescription medications without a valid prescription is one of the most frequently charged crimes in Florida. Depending on the type and amount of the drug, you could be facing a misdemeanor or a felony.
Driving Under the Influence (DUI)
DUI is aggressively prosecuted in Florida. A first offense is typically a misdemeanor, but repeat offenses, high blood alcohol levels, or incidents involving injury or death can quickly elevate the charge to a felony. Florida also imposes mandatory license suspensions and ignition interlock devices in many DUI cases.
Theft and Property Crimes
These charges include shoplifting, burglary, grand theft, petit theft, dealing in stolen property, and vandalism. The severity of the charge depends on the value of the property and whether any force or violence was involved.
Assault and Battery
In Florida, assault is the threat of harm, while battery involves actual physical contact. These charges can be misdemeanors or felonies, depending on the circumstances, such as whether a weapon was involved or the alleged victim suffered serious injury.
Domestic Violence
Florida takes domestic violence allegations seriously. Charges can include assault, battery, stalking, false imprisonment, and violations of protective orders. In many cases, an arrest is made even if the alleged victim doesn’t want to press charges.
Weapons Offenses
Unlawful possession of a firearm, carrying a concealed weapon without a permit, or using a weapon during the commission of a crime are all examples of state-level firearms offenses. Florida has specific laws, such as the “10-20-Life” statute, that impose mandatory minimum sentences for crimes involving guns.
Probation Violations
If you’re on probation for a previous offense, any alleged violation—no matter how minor—can result in your arrest and a return to jail. Common violations include missed appointments, failed drug tests, or picking up a new charge.
Sex Offenses
State charges for sex-related crimes can include sexual battery, lewd and lascivious conduct, child molestation, or possession of child pornography. These are extremely serious allegations that can lead to long prison sentences and mandatory sex offender registration.
Traffic-Related Crimes
Beyond DUI, other traffic-related criminal charges include driving with a suspended license, reckless driving, fleeing and eluding law enforcement, and vehicular homicide. These are often charged as misdemeanors, but can escalate depending on the facts of the case.
Facing any of these charges can be intimidating and life-changing. Even a misdemeanor conviction can impact your job, housing, reputation, and future opportunities. That’s why it’s critical to understand what you’re up against and to speak with a defense attorney as early as possible.
Reach Out to a Qualified Criminal Defense Attorney
Criminal charges can upend your life. The earlier you involve an experienced criminal defense lawyer, the better your chances of minimizing the damage. At The Law Offices of Richard L. Cooper, P.A., we serve Miami, Florida, as well as clients throughout Miami-Dade County, including Miami, Hialeah, Miami Beach, the Hammocks, Sweetwater, Miami Gardens, and Golden Glades. We also serve clients throughout Broward County and Palm Beach County. Contact us today to discuss your case.