What is the difference between state and federal felonies

Your rights must be protected in an investigation. How the case proceeds from an investigation can dramatically affect your case outcome.

Texas is on a short list of states that allow juries to establish punishment in a felony case. That fact may benefit the individual found guilty of a crime. Texas judges are known to be tough on crime. The range of punishment varies widely in Texas. For instance, if a person is convicted or murder but has no criminal history, the prison sentence range spans five years to life. If a jury sentences him or her to 10 years or less, the jurors may recommend a probated or suspended sentence to the judge.

Their recommendation is binding. In most Texas felony cases, the accused elects jury punishment. The punishment hearing typically follows the conviction pronouncement. If a defendant pleads guilty or is found guilty in federal court, the judge must use the Federal Sentencing Guidelines to advise the calculation of penalties for these serious offenses in the sentencing phase.

Federal Jurisdiction Most crimes that come to mind— murder , robbery , burglary , arson , theft , and rape —are violations of state law. The federal government has jurisdiction over the following crimes: Any crime that takes place on federal land or involves federal officers , such as a murder in a national forest or on an Indian reservation, a theft on a military base, or an assault against a Drug Enforcement Agency DEA agent.

A crime involving fraud, deception, or misrepresentation on the federal government or one of its agencies, such as federal tax fraud , Medicaid fraud , or Small Business Administration loan fraud. A crime where the defendant crosses state lines , for example, a person who takes a kidnapping victim from Oregon to Nevada. A crime where the criminal conduct crosses state lines , for example, an Internet fraud scheme the has victims and perpetrators in multiple states.

Immigration and customs violations , such as importing child pornography or international human trafficking. Differences in State and Federal Procedure There are many differences in state and federal criminal prosecutions. Prosecutions in Both State and Federal Court Although it does not happen very often, there are no constitutional bars to prosecution in both state and federal court for the same criminal act if it violates both state and federal law.

Punishment for Federal Crimes Like state crimes, the penalties for federal crimes vary. Obtaining Legal Assistance If you are charged with or under investigation for a federal or state crime, you should talk to a criminal defense attorney. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.

How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. A principle of the American criminal justice system is that all defendants are "innocent until proven guilty.

For over 20 years, Neal Davis has successfully defended clients in Texas and federal courts in all types of criminal matters at all phases, from state misdemeanors to complex federal matters.

Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial. The Neal Davis Law Firm defends the rights of individuals charged with all types of state crimes, including drug offenses , child sex crimes , online solicitation of a minor , child pornography , DWI and intoxication manslaughter, fraud and theft , assault and family violence , and murder and homicide, as well as all types of federal crimes.

Enjuris Texas personal injury guide. All rights reserved. The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently, and varies from place to place.

The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this website is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

Every case is different and individual results may vary depending on the facts of a case. Submitted by Neal Davis on March 18, Federal vs. State Crimes Most crimes are state crimes and tried in state courts, which handle the vast majority of criminal cases. State Attorneys Federal courts include district courts trial courts and circuit courts the first level of appeal , which are located throughout the nation as well as the U.

Hire a Criminal Defense Lawyer If you are a defendant in a state or federal criminal charge, rest assured you can get in touch with an experienced and knowledgeable criminal defense lawyer by contacting the Neal Davis Law Firm, which serves the Houston area as well as all of Harris County, Montgomery County and Fort Bend County in Southeast Texas. He doesn't give up, no matter what you're up against.

Muy satisfechos con su trabajo. Tia de J. They cover the vast majority of crimes people are charged with, including:. Some federal criminal charges are similar to state charges, but whether you're charged with a federal or state crime might hinge on where the incident took place. If someone commits a crime on federal property or in more than one state, that crime will often be classified as a federal crime.

For example, an assault generally falls under state laws. But if you are charged with assaulting someone in a national park, you have committed a crime on federal property and will face federal charges. Similarly, if someone robs a bank whose deposits are insured by a federal agency the government may file federal charges. According to the United States Sentencing Commission, the most common federal criminal cases involve:.