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Federal Crimes

What Makes a Crime a Federal Offense?

In some situations, there is federal jurisdiction that gives federal prosecutors the right to prosecute the case. In other situations, the offense may be considered both a state and federal crime. Federal prosecutors may choose when they want to step in, take a case over from the state, and prosecute it.

In some cases, state and federal prosecutors can simultaneously prosecute the case without double jeopardy arising because the offense is considered a different crime in different jurisdictions.

What Makes a Crime a Federal Offense
state-crime

State Crime vs. Federal Crime

federal-crime

Jurisdiction

Most crimes fall under state law and jurisdiction.
However, federal jurisdiction applies when the crime:

map icon
Occurs on federal land

Occurs on
federal land

Involves interstate commerce

Involves
interstate commerce

Involves federal officers

Involves
federal officers

Involves immigration

Involves immigration
or customs violations

Involves criminal

Involves criminal conduct
or a defendant who
crosses state lines

classified as a federal crime

Is classified as a
federal crime, such as
acts of terrorism or mail fraud

Involves fraud

Involves fraud, deception,
or misrepresentation to
the federal government
or a federal agency

Government Agencies

The government agencies that investigate and prosecute state
and federal crimes are often different.

Government Agencies

State crimes may involve:

Police departments

Police departments

Sheriffs offices

Sheriffs’ offices

District attorneys

District attorneys

State police agencies

State police agencies

In contrast, federal crimes

In contrast, federal crimes may involve:

Drug Enforcement Agency

Drug Enforcement Agency
(DEA)

Department of Justice

Department of Justice
(DOJ)

Department of Homeland

Department of Homeland Security (DHS)

Internal Revenue

Internal Revenue Service
(IRS)

Alcohol, Tobacco

Alcohol, Tobacco, and Firearms (ATF)

Immigration and Customs

Immigration and Customs Enforcement (ICE)

U.S. Attorneys

U.S. Attorneys

Federal Bureau

Federal Bureau of Investigation (FBI)

A consequence of federal crime prosecution is that there are usually much more expansive resources available in these cases. Federal crimes are prosecuted under federal law, irrespective of where the crime was committed.

Procedural Differences

Procedural Differences

There are also differences in the procedures surrounding the prosecution of federal and state crimes, including:

Punishment

Another significant difference between state and federal courts is the potential punishment you can face. Federal sentencing guidelines apply to federal crimes. Federal penalties are usually much longer than state penalties for similar offenses, especially drug crimes. If convicted, you will go to federal prison instead of state prison.

Punishment

In North Carolina, crimes are divided into three categories:

Infractions

Infractions

Misdemeanors

Misdemeanors

Felonies

Felonies

These are established by state law and are subject to the penalties described in these laws.

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