What makes a crime go federal?

What makes a crime go federal?

On Behalf of | Sep 25, 2024 | Criminal Defense

When most people think about criminal charges, they often associate them with state courts. Some crimes escalate to the federal level. The result is harsher penalties and involvement from federal agencies. Everyone needs to understand when and why a crime becomes a federal matter.

Federal jurisdiction vs. state jurisdiction

When a crime occurs within the state’s borders and violates state laws, the court prosecutes on a state level. Federal crimes fall under federal law. They often involve specific factors that place them outside the state’s jurisdiction. Federal courts prosecute using different procedures, judges, and sentencing guidelines compared to state courts.

Crimes involving federal property or agencies

If a crime affects any part of the federal government, its properties, or its employees, it will often lead to federal prosecution. An example of this includes crimes committed in national parks or on military bases.

Crossing state lines

Criminal actions that stretch beyond one state’s jurisdiction automatically bring federal authorities into play, such as the FBI or DEA. This can happen in cases such as drug trafficking, internet crimes, and kidnapping or transporting stolen goods.

Violations of federal laws

Certain types of crimes are exclusively federal, meaning they violate federal laws that states don’t govern. Examples include counterfeiting money, immigration offenses, and securities fraud. In these situations, even if the crime occurs in one state, the violation of federal law ensures the federal court system handles it.

The impact of federal charges

Facing federal criminal charges is not only a matter of higher stakes but also increased complexity. Knowing what triggers federal jurisdiction helps clarify why some crimes escalate. It’s helpful to be aware of what the accused might face in a federal courtroom.