If you ever get in trouble with the law, you shoiuld be aware of the differences between state and federal crimes. As the terms imply, a state crime is an act made illegal under state law, while a federal crime is against federal law.
Examples of state crimes under Texas law include:
- Causing bodily injury or threatening another person with harm.
- This includes shoplifting, petty theft, and grand theft.
- Drug possession. Simple possession charges are typically state crimes.
- Entering a building without permission with the intent to commit a crime, usually theft, inside.
- Driving while intoxicated (DWI). Driving a vehicle while under the influence of alcohol or drugs.
- Domestic violence. Acts of violence against a family member or intimate partner.
- Causing the death of another person through reckless or negligent actions, without premeditation.
- Intentionally setting fire to property.
- Public intoxication. Being intoxicated in public and posing a danger to oneself or others.
A federal crime, on the other hand, is one that is prosecuted at the federal level. This happens when the crime affects national interests. These include:
- Crimes that involves federal officers or that happens on federal land.
- Crimes where the offender crosses state borders.
- Crimes where the criminal act crosses state lines.
- Customs and immigration offenses.
Examples of federal crimes include:
- Drug trafficking. Distribution, manufacture, or transportation of illegal drugs across state or national borders.
- Bank robbery. Robbing or attempting to rob a federally insured bank.
- Mail fraud. Using the postal service or private carriers to commit fraudulent activities.
- Wire fraud. Using electronic communications to carry out fraudulent activities.
- Producing, using, or distributing counterfeit currency, documents, or goods.
Can a Crime Be Both State and Federal?
Yes, a crime can constitute both a state and federal offense. This is known as dual sovereignty, where both state and federal governments have the authority to prosecute certain crimes under their respective laws. This is when an act violates both state law and federal law, leading to the possibility of prosecution in both state and federal courts.
Some examples include:
- Drug offenses: Many drug crimes violate both state drug laws and federal controlled substances laws, allowing for prosecution by either jurisdiction or both.
- Bank robbery: Robbing a bank can violate state laws related to theft and robbery and federal laws if the bank is federally insured.
- Civil rights violations: A crime like hate-motivated violence might be prosecuted under state assault laws and federal civil rights laws.
- Child pornography. If child porn images are transmitted over state lines, then it can be a federal offense.
The U.S. Supreme Court has upheld this dual sovereignty principle. This means that a person can be tried for the same act in both state and federal courts without violating the Double Jeopardy Clause of the Fifth Amendment.
Contact Us Today
Accused of a crime? There are state and federal crimes to consider. Make sure you understand what you’re being charged with so you know what to expect.
A Houston criminal defense attorney from John T. Floyd Law Firm can provide you with the representation you need to protect your rights, livelihood, and dom. To schedule a consultation, fill out the online form or call our office at (713) 224-0101.
