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When you hear about legal cases in the news, it’s not always clear why some are tried in federal courts and others in state courts. The distinction between federal and state crimes is fundamental to how legal processes are carried out in the United States. This distinction influences every aspect of how your case is managed, from the strategic approach to potential penalties. This understanding is particularly important when dealing with specific offenses like tax evasion, various forms of fraud, and other serious crimes. Here, we’ll explain what makes a crime federal or state, and sometimes both.
What Makes a Crime Federal?
Federal crimes are those that violate the laws made by the U.S. Congress and are often handled by federal agencies such as the FBI, DEA, or IRS. These offenses often involve issues that cross state lines or national borders, or that directly affect federal operations. For example:
Tax Evasion and Fraud: These are typically federal crimes as they involve failing to pay taxes due to the federal government or falsifying tax information on federal tax forms.
Securities Fraud: Overseeing the stock markets and investment practices, the SEC handles these cases because they can affect investors nationwide.
Money Laundering: This crime often has broader implications beyond state borders, affecting the financial system at a national or international level.
When Do Crimes Fall Under State Jurisdiction?
State crimes involve violations of state legislation and are prosecuted by state or local authorities. These are generally crimes that have direct impact within a single state’s borders. Common examples include:
Local Fraud Cases: Such as defrauding a state-run agency or a local business.
State Tax Fraud: Not paying state taxes or submitting false information specific to state tax forms.
Violations of State Health Regulations: Like fraudulently billing state health programs.
Dual Jurisdiction: When a Crime Can Be Both
Certain actions can violate both federal and state laws, leading to potential prosecutions under both jurisdictions. This usually happens when the nature of the crime involves both state-specific violations and breaches of federal law. For instance:
Health Care Fraud: If a scheme defrauds both a state health care program and a federally funded program like Medicare, it could lead to charges from both state and federal prosecutors.
Mail and Wire Fraud: These often involve the use of interstate communication systems, which are federally regulated, but can also defraud state residents or state businesses.
This overlap is legal under the dual sovereignty doctrine, which allows both state and federal courts to prosecute offenses without infringing on double jeopardy protections. This doctrine is based on the principle that states and the federal government are separate sovereigns, each with its own legal responsibilities and powers.
Facing Allegations with WKM at Your Side
Whether a crime is considered a federal or state offense affects everything from who investigates it to the court in which it’s tried and the potential penalties imposed. If you or someone you know is dealing with such legal challenges, getting the right legal representation is the first step. Weisberg Kainen Mark is available to help understand the allegations made against you. With extensive experience in handling both federal and state cases, you can reach us at (305) 374-5544 for more information or to schedule a consultation.
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