Federal Charges Often Trigger Steeper Consequences

Most people who are arrested for a criminal offense will face charges in state court. But in some cases, due to the nature of the offense or the surrounding circumstances, criminal conduct can result in federal charges. When this occurs, it triggers a different set of laws and procedures, as well as different consequences that can result if the person is convicted. In most cases, the penalties for conviction of a criminal offense are more severe at the federal level than they are at the state level.

Examples of federal crimes

Drug crimes are one type of criminal offense that is frequently prosecuted in the federal courts rather than at the state level. Drug manufacturing, for example, is a violation of both Tennessee state law and federal drug laws. Thus, it can be tried in either state or federal court. In fact, in some cases, it is even possible for a person to be prosecuted by both the state and federal authorities for the same conduct. More often, however, a person will face charges in one court or the other.

Other offenses that can trigger federal charges include money laundering, bank robbery, child pornography offenses, gun law violations, kidnapping, Lacey Act Violations (unlawful taking or transporting of certain plants or wildlife), and transporting stolen goods across state lines. White collar crimes such as investment or mortgage fraud, insider trading, tax evasion and wire fraud can also be prosecuted in federal court.

Location may also play an important role. Crimes committed on military installations and other federal lands are subject to prosecution in the federal court system. In some cases, this includes the prosecution of state misdemeanor crimes such as driving under the influence and simple possession in the federal system. Most military installations, such as Ft. Campbell Army Post, have their own federal courts in which specially appointed federal prosecutors prosecute violations of both state and federal laws for offenses occurring on post.

Federal sentencing laws

Federal sentencing guidelines are one reason why being charged in criminal court is typically regarded as a very serious matter. These guidelines are established by federal law and provide a range of recommended penalties for various crimes. Often, they provide a range of fines and prison time that are more severe than what would be imposed by a state court for a similar offense.

Although federal judges are permitted to depart from these guidelines in certain cases, they must provide justification for doing so based on various factors, such as the defendant's personal character and criminal past, as well as the circumstances of the offense. For certain offenses, however - including many drug crimes - federal law establishes mandatory minimum sentences that must be met, thus restricting the judge's ability to order a lighter sentence.

Legal help for criminal charges

Anytime a person is charged with a criminal offense, whether in state or federal court, it is important to seek help from a criminal defense lawyer in order for the accused person to fully understand his or her rights and the legal options that are available. A skilled criminal defense attorney can advocate on behalf of the client at every stage of prosecution in order to help obtain a more favorable outcome. In some cases, this may involve negotiating to have the charges dropped or reduced, while in others it may mean advocating for a less severe sentence or appealing a guilty verdict.