Facing an arrest and criminal charges is a stressful experience. The situation worsens when you learn that both the state and federal governments may have the power to file charges. Many people believe you can only be prosecuted once for the same conduct. However, this is not always so. In some cases, the same act can violate both state and federal law.
When that happens, you could face charges in both courts. Whether you face both federal and state charges depends on the facts of your case. When you understand how state and federal prosecutors work, you can protect your rights and prepare for what comes next. If you are under investigation or have already been charged, you will need legal guidance. An experienced criminal defense attorney can explain your options and build a strong defense for your case.
Understanding State and Federal Criminal Laws
The California state government and the federal government have separate legal systems, each with its own laws, courts, and law enforcement agencies. Although they sometimes cooperate, each agency enforces its own set of laws. There are cases in which the same behavior can violate laws at both the state and federal levels.
What Are State Crimes?
State crimes are offenses that violate a single state's laws. The California Legislature passes these laws and applies them statewide. Most criminal cases are handled statewide. This is because these offenses involve conduct that affects local communities. These offenses include:
- Assault and battery
- Burglary
- Theft
- Domestic violence
- Driving under the influence (DUI)
- Most homicide cases
Local law enforcement investigates state cases. That includes city police departments or county sheriff's offices. County district attorneys prosecute the cases in California state courts. If you are convicted of a violation, California law determines the penalties.
What Are Federal Crimes?
Federal offenses are violations of laws enacted by Congress. Federal offenses include those involving interstate commerce and federal property. Federal jurisdiction exists in such cases because they exceed state jurisdiction. Common offenses handled under the federal law include:
- Large-scale drug trafficking
- Bank robbery
- Mail and wire fraud
- Immigration offenses
- Human trafficking
- Crimes committed on federal property
The following agencies often handle federal investigations:
- FBI
- DEA
- ATF
- Homeland Security Investigations (HSI)
- IRS Criminal Investigation Division
Federal prosecutors handle these cases in federal court. Even if the same conduct leads to both state and federal charges, the cases are handled separately. Each court decides based on the evidence it receives. Certain acts violate both California and state laws. When this happens, the prosecutors from both systems may pursue criminal charges.
The state of California and the federal government have their own laws, entities and enforcement agencies. Though they cooperate in many aspects, they do have separate laws. There are cases in which a certain act can constitute a violation of both California and federal laws. Under such circumstances, these government institutions have the right to prosecute the violator.
Crimes That May Lead to Both State and Federal Charges
Some crimes can violate both California and federal law. When that happens, both governments may have the authority to prosecute the case. The offenses include the following:
Drug Trafficking
Drug trafficking involves selling, transporting, or distributing illegal drugs. California prosecutes these crimes under Health and Safety Code 11352 and 11379. If you face an arrest for these charges, you can face federal charges under 21 U.S.C. §§ 841 and 846.
Firearm Offenses
Firearm offenses include illegally possessing or selling guns. California law charges these offenses under Penal Code § 29800. Sometimes, federal prosecutors may also file charges under 18 U.S.C. § 922.
Bank Robbery
Bank robbery involves using force or violence to rob a bank. California prosecutes robbery under Penal Code § 211. Federal law also covers federally insured banks under 18 U.S.C. § 2113.
Human Trafficking
Human trafficking involves exploiting someone through force, fraud, or coercion. Under California law, the offense is charged under Penal Code § 236.1. Occasionally, the offense may also attract federal charges under 18 U.S.C. § 1581–1597.
Child Exploitation
Child exploitation involves the exploitation or abuse of children. California prosecutes many of these offenses under Penal Code § 311. For a federal violation, you will be charged under 18 U.S.C. 2251–2252A for child exploitation.
Hate Crimes
Hate crimes are crimes targeting victims because of protected characteristics. Under California law, these offenses attract charges under Penal Code 422.55–422.95. Federal prosecutors may use 18 U.S.C. § 249 against individuals for hate crimes.
Public Corruption
Public corruption involves the abuse of public office for personal gain. California addresses bribery under Penal Codes 67 and 68. On the other hand, federal laws against public corruption include 18 U.S.C. 201 and 666.
Organized Crime
Organized crime involves ongoing criminal enterprises. California uses Penal Code 186–186.8 to prosecute organized crime. As a federal offense, organized crime is prosecuted under the RICO Act and 18 U.S.C. § 1961–1968.
Legal Defenses in State and Federal Criminal Cases
Facing both state and federal charges does not mean a conviction is certain. Every criminal case is different. Before a conviction for any offense, prosecutors must prove each element of the offense beyond a reasonable doubt. Depending on your case's circumstances, you can use any of the following defenses:
- Illegal Search and Seizure
In the process of collecting evidence and interrogating you, the police should adhere to the provisions of the Constitution. In most instances, officers must have a valid warrant or a legitimate reason to search. Any violation of your Fourth Amendment rights can result in your lawyer filing for the exclusion of the evidence collected by the officer from your case.
- Lack of Evidence
In any case where you are being charged either at the state level or at the federal level, the burden of proving your guilt beyond a reasonable doubt falls on the prosecution. In situations where there is insufficient evidence against you, you can question whether the government has fulfilled its burden of proof.
- Mistaken Identity
Sometimes, federal and state charges stem from mistaken identifications. Eyewitnesses do not always correctly identify the person who committed the crime. Factors like stress and poor lighting can affect a witness's memory. If this is your situation, your attorney can challenge eyewitness testimony by pointing out inconsistencies. If the prosecution fails to prove you were involved, the charges may be dismissed.
- Constitutional Violations
Criminal investigations must respect your constitutional rights. California and federal laws protect you from coerced confessions and uphold your right to remain silent. In case your rights are violated during interrogations or an arrest, your attorney will request the court to exclude some pieces of evidence. It is important to note that the exclusion of crucial evidence will affect the proceedings of the case.
- Lack of Criminal Intent
Many crimes require evidence of your intentional acts. Without this proof, it can become difficult for the prosecution to convict you. Your lawyer may come up with evidence to show that your actions were not intentional at all.
- False Accusations and Witness Credibility
Not all accusations of violating state and federal laws are factual. At times, you may be falsely accused. This may result from personal disputes, mistaken assumptions, or a desire for revenge. Sometimes, witnesses may give inconsistent statements. With the guidance of a reliable criminal lawyer, expose the contradictions. If the court questions the reliability of the testimony, it may create reasonable doubt about the prosecution's case.
Instances When the Federal Government Gets Involved in a Criminal Case
Most crimes in California stay in state court. That is when the federal government may launch an investigation and prosecute the individual. Whether to file federal charges will depend on the particular situation. Moreover, where the crime was committed can also be very important. The following are situations in which the federal government would be involved:
Crossing State Lines
A crime is more likely to become a federal case if it crosses state borders. Examples are:
- Illegal drug transportation across state lines
- A fraudulent operation that defrauds people from several states
- Human trafficking involves the movement of victims across state lines
In such cases, the matters may be considered federal because they involve interstate commerce. In such circumstances, federal investigators can work alongside state officials to investigate the crimes.
Federal Property
The federal government handles crimes on federal property. This includes:
- Military bases
- Federal courthouses
- National parks
- Federal office buildings
- Post offices
A simple assault or theft may be a state offense. However, if it happens on federal property, federal prosecutors may have jurisdiction over the case. With such instances, California authorities may still assist with the investigation.
Interstate Commerce
Many federal criminal laws are tied to interstate commerce. That means crime affects business or activity across state lines. For instance, internet fraud will have connections across the entire country. This means that although your fraudulent activity began in California, these connections may allow the federal government to exercise jurisdiction over you.
Large Criminal Organizations
Federal agencies often focus on large criminal enterprises. These groups operate in more than one city or state in drug trafficking, money laundering, or other criminal activities. These investigations can take months or years. Federal agencies often work with local police to gather evidence before filing the charges.
Federal Agencies Become Involved
Some crimes automatically attract federal investigators. The Federal Bureau of Investigation investigates many types of violent crime and other serious cases, including public corruption and fraud. The Drug Enforcement Administration is responsible for investigating major cases of drug trafficking. The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigates specific cases related to firearms and explosives. Immigration and Customs Enforcement handles immigration and trafficking.
National Security Concerns
The United States Federal Government has jurisdiction over any crime related to national security issues, such as:
- Terrorism
- Espionage
- Hacking of governmental computers
- Use of classified information
Despite their rarity, these types of crimes are usually prosecuted federally.
Large Financial Losses
Federal prosecutors may step in when a crime causes major financial harm. Such crimes may involve numerous victims and cause significant financial losses. These crimes may include large-scale investment fraud, healthcare fraud, and wire fraud. Due to the nature of such crimes, federal authorities may join in their investigation.
Does Double Jeopardy Protect You From Facing Federal and State Charges?
Many people believe they cannot be charged twice for the same crime. While that is true in some situations, the rule is more limited. Understanding how double jeopardy works can help you understand the right way to move forward.
The Double Jeopardy Clause is found in the Fifth Amendment to the U.S. Constitution. It protects a person from being prosecuted more than once for the same offense. Also, it prevents multiple punishments for the same offense. Double jeopardy protection is an important part of the criminal justice system. It applies after a case reaches an outcome.
Once jeopardy attaches, the same sovereign cannot retry you for the same offense. Double jeopardy does not prevent California and federal prosecutions. This is because California and the federal government are separate sovereigns. If your conduct violates both state and federal law, each government may decide to bring its case.
Many people think that any second charge is automatically unlawful, which is not always the case. The key question is who is bringing the charges. If a different sovereign files the second case, double jeopardy may not apply. Whether both prosecutions move forward depends on:
- The facts of the case
- The evidence available
- The decisions made by state and federal prosecutors
Can California and Federal Prosecutors Work Together?
California and federal prosecutors can work together when investigating crimes that fall under both categories. Joining task forces is common in cases that involve:
- Drug trafficking
- Organized crime
- Firearm offenses
- Human trafficking
Working together helps law enforcement build stronger and more detailed cases. However, each prosecutor makes independent charging decisions. California law cannot control whether the federal government files charges. You may be charged in both courts, or your case may be dismissed, depending on the facts and evidence.
Frequently Asked Questions
Dealing with state and federal charges for the same offense can be daunting. Most defendants are often unsure of the right way to proceed. The following are frequently asked questions on state and federal charges:
Can I be Found Not Guilty in State Court and Still Face Federal Charges?
Yes. A not-guilty verdict in a California court does not always prevent a federal prosecution from proceeding. State and federal governments are separate sovereigns. Each agency has the power to enforce its own criminal laws. Even after a state prosecution, you can still face federal charges. But this does not occur in all cases. Federal prosecutors will review the facts before deciding.
Which Case Is Handled First, The State Case Or Federal Case?
There is no set pattern in dealing with state and federal cases. Sometimes, the charges come from the California side first. There may be other times when the federal government takes the lead in the case. Prosecutors from both sides, however, might discuss matters during the investigation. The decision will usually be made based on:
- The nature of the crime committed
- The availability of evidence
- The investigating agency
Your lawyer will give you details about the timing of your case and its effects on the outcome.
Are Federal Penalties Harsher Than California Penalties?
There are federal minimum sentences and guidelines for federal offenses. In some cases, there are also longer prison sentences than those for state-level crimes. Nevertheless, each case differs from another one, and your potential sentencing options depend on the type of crime you committed.
Can the Same Lawyer Represent Me in Both State and Federal Court?
Some criminal defense attorneys handle state and federal cases. Others focus on just one judiciary. If you are facing charges in both courts, you should work with an attorney experienced in each process. Federal courts have different rules and procedures from California state courts. Choosing the right legal representation can make a significant difference in the outcome of your case.
Are Both Convictions Going to Be Recorded on My Criminal Record?
Yes. You will have two convictions if you were found guilty in state and federal court, and both convictions will be recorded on your criminal record. This is why you need to build your defense from the very beginning.
Find a Competent Criminal Defense Attorney Near Me
You can face state and federal charges for the same act in certain situations. This happens when your conduct violates laws. The Double Jeopardy Clause protects against being tried twice by the same government. However, it does not always prevent separate state and federal prosecutions.
Legal disputes involving state and federal governments tend to escalate rapidly. The outcome of your charges depends on the facts and laws of your specific case. You could face harsh sanctions if you are convicted.
If you are facing state or federal criminal charges, you should speak with an experienced criminal defense attorney. At The LA Criminal Defense Law Firm, a lawyer, we can review your case and help you with your court proceedings. Contact us today at 310-935-1675 from Los Angeles, CA, to discuss your case.
