Whenever you are charged with a crime, it is natural to worry about the potential consequences you face if you are convicted. The severity of your offense will depend on the specific details of the crime and what law enforcement agency has jurisdiction over your case. It is very important to understand the differences between federal vs New York state criminal charges and what you can expect in a federal criminal case compared to a state criminal case.
Understanding Federal Versus New York State Criminal Charges
Facing any kind of criminal charge is a life-changing experience, and you may have various concerns about the penalties you could face, what to expect during your trial, and how you can defend yourself. These concerns are likely to escalate dramatically if you are charged with a federal crime. Facing any type of federal criminal case is extremely daunting, and it is important to know what to expect in this type of case.
The primary difference between state and federal crimes is that a state crime breaks state law while a federal crime breaks a law passed by the US Congress. State law enforcement agencies and local police generally handle state criminal cases, whereas federal law enforcement agencies will build federal criminal cases. Additionally, these federal agencies typically do not move to arrest suspects until they are certain they have enough evidence to secure convictions.
Federal criminal court proceedings follow a similar procedural framework as what you could expect in a state criminal case. However, the stakes are much higher in these cases. A defendant not only faces a federal law enforcement agency that has likely built a very strong case against them but also a seasoned federal prosecutor. It is very rare for these prosecutors to extend plea deals, and most will almost always pursue the maximum sentence for conviction.
Penalties for federal crimes are typically much harsher than those for state-level counterparts. While there are still federal misdemeanors and felonies, the penalties are more severe if a defendant is convicted of a federal offense. They could face incarceration in a federal penitentiary, much heavier fines than they might incur for a state-level criminal conviction, and various other punishments.
Know Your Rights in a Federal Criminal Case
Every American citizen has the right to remain silent when they are placed under arrest for any crime, whether the offense is prosecuted in state criminal court or in the federal criminal court system. Once you have been placed under arrest, the arresting officers will read you your rights, and you should exercise them fully. Remain silent until you can meet with a federal criminal defense attorney who can represent you.
Your defense attorney can explain the charges against you, review the evidence that has been compiled for your case, and help you determine your most viable defenses. Federal criminal cases tend to unfold more quickly than state criminal cases, so it is important to consult a defense attorney as quickly as possible after your arrest. The Law Offices of Robert Tsigler, PLLC, has experience with federal criminal defense and can represent you in any type of federal case.
FAQs
Are Federal Charges More Serious Than State Charges?
Generally, yes, federal charges are more serious than state charges because breaking federal law typically incurs greater penalties than breaking state laws. While it is possible to face serious felony convictions and harsh penalties in state criminal court, penalties for federal crimes are more severe. Additionally, if you are incarcerated as an element of your sentence, you will spend time in a federal prison rather than a state prison.
Can Both the State and Federal Governments Charge You With the Same Crime?
Yes, it is possible for both the state and the federal governments to charge you with the same crime. This would not violate the double jeopardy rule due to the dual sovereignty doctrine, which recognizes the state and federal governments as separate entities, each with the power to prosecute crimes that occur within their jurisdiction. It is possible for any crime that violates both state and federal law to lead to prosecution in both court systems.
What’s the Difference Between a Crime and a Federal Crime?
The main difference between a crime and a federal crime is that while a crime violates a law, a federal crime specifically violates a law passed by the United States Congress. Regular crimes are prosecuted by state criminal courts, while federal crimes are prosecuted by federal law enforcement agencies such as the Federal Bureau of Investigation (FBI).
It is possible for a crime to qualify as a state-level offense until it crosses state lines, at which point it becomes a federal crime.
Do I Have the Same Rights During an Arrest for a Federal Crime?
Yes, you have the same rights during an arrest for a federal crime as you would during an arrest for a state crime. You have the right to remain silent and have no obligation to answer any questions from the agency handling your arrest, nor are you required to make any statements. You have the right to legal counsel and should remain silent until you can speak with an experienced federal criminal defense attorney.
How Much Does It Cost to Hire a Federal Criminal Defense Attorney?
The cost to hire a federal criminal defense attorney will depend on the attorney’s billing policy. The majority of criminal defense lawyers in the United States bill their clients by the hour. They will track the time they spend working on a case and bill their client incrementally as the case continues. Make sure you fully understand your attorney’s billing policy so you know what to expect in terms of your legal fees.
The Law Offices of Robert Tsigler, PLLC, has the experience and resources necessary to provide robust criminal defense representation for both state and federal cases. If you have been charged with any federal crime, it is crucial to secure defense counsel with proven experience defending clients in federal criminal court. Contact us today to schedule a consultation with our team and learn how we can help you through this difficult situation.
