All Laws Decoded

Federal vs. State Crimes: What's the Difference?

A crime can be charged under state law, federal law, or both. State courts hear most criminal cases, while federal courts hear cases involving the laws of the United States, and federal crimes are prosecuted by U.S. Attorneys after investigation by agencies such as the FBI, DEA, or ATF. Because the state and federal governments are separate sovereigns, the Supreme Court has held that both may prosecute the same conduct, though the Justice Department limits that by internal policy.

What the law says

FAQ

Who decides whether a crime is charged federally or by the state?
In the federal system, the prosecutor (the U.S. Attorney's office) evaluates evidence gathered by investigating agencies and decides whether to present the case to a federal grand jury.
Can I be charged by both the state and the federal government for the same thing?
It is legally possible. In Gamble v. United States (2019), the Supreme Court kept the dual-sovereignty doctrine, under which state and federal prosecutions for the same conduct are not the "same offence" for double jeopardy purposes. The Justice Department's Petite Policy limits such follow-up federal prosecutions to cases meeting its requirements and needing high-level approval.
Do most criminal cases go to federal court?
No. The federal judiciary says state courts hear most criminal cases.
Which agencies investigate federal crimes?
The Justice Department lists the FBI, DEA, ATF, U.S. Secret Service, and Homeland Security Investigations among federal agencies whose investigators gather evidence for U.S. Attorneys.
What makes a federal crime a felony?
Under 18 U.S.C. § 3559, a federal offense is classed as a felony when the maximum authorized prison term is more than one year; one year or less is a misdemeanor.
Do federal and state cases both use grand juries?
Federal felony charges must come from a grand jury. States are not required to charge by grand jury, though many do.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.