Not all crimes are the same. Some offenses are state-level crimes, while others fall under federal jurisdiction. But what is the difference between federal and Texas state crimes? We will look at the key differences in the laws, including the jurisdiction, the type of offenses, and potential penalties. Here is what you need to know about these crimes.
Jurisdiction
Depending on the nature of the crime or where it was committed, jurisdiction could be in the federal or state courts. Federal offenses are offenses that violate federal law or occur on federal property. Many of these crimes involve the use of interstate commerce, crossing state lines, offenses against federal institutions, or activities affecting national interests.
On the other hand, state crimes will fall under the Texas Penal Code. These laws define which activities are illegal in the state and the corresponding penalties. Unlike federal statutes, which have a very narrow definition, these laws are broader in scope. They cover a wide range of activities that occur within the state’s borders.
Types of Crimes
When you think of federal crimes, they tend to involve many serious issues, such as white-collar crimes. Fraud, embezzlement, insider trading, drug trafficking that crosses state or international borders, and cybercrimes that involve the internet are considered federal crimes. Other types of federal crimes can include:
- Tax evasion
- Kidnapping
- Counterfeiting
- Identity theft
- Human trafficking
- Terrorism
Texas state crimes only violate Texas law and do not take place outside the borders of the state. These can include:
- Robbery
- Assault
- Domestic violence
- Drug possession
- Public intoxication
- Most homicides
Which Law Enforcement Agencies Investigate?
Federal crimes are usually investigated by a federal agency, such as:
- Federal Bureau of Investigation (FBI)
- Department of Homeland Security (DHS)
- Drug Enforcement Administration (DEA)
- Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
Since they have jurisdiction over local agencies, they can work across state lines to investigate potential federal offenses. In some cases, they will even collaborate with international law enforcement for crimes concerning national security and interests.
State offenses are a little different. In most cases, these are prosecuted by state and local law enforcement agencies. Local police departments and county sheriff’s offices handle most day-to-day criminal investigations and arrests. If there is a major crime that crosses county lines, then the Texas Rangers will investigate those offenses. All these agencies work with Texas district attorneys to prosecute crimes in state courts.
Which Court Will Hear the Case?
All federal crimes will be prosecuted in the U.S. District Courts according to the Federal Rules of Criminal Procedure. A federal judge will preside over these cases, while the U.S. Attorneys will present their case and represent the government. If convicted, the defendant has the right to appeal to the U.S. Court of Appeals and the U.S. Supreme Court.
State courts are separate from the federal judiciary. In Texas, there are various types of courts where the case could be heard, including municipal and justice courts that handle minor offenses and district courts dealing with serious felonies. If the crime is a misdemeanor, then it is likely to be heard in a county court. Like the federal court system, there is an avenue for appeals. Defendants can file their cases at the Texas Court of Criminal Appeals, which is the highest court in the state.
What Are the Penalties?
Since federal crimes are often considered more serious than state offenses, they carry harsher penalties upon conviction. Many times, the defendant could be sentenced to a substantial prison sentence, incur hefty fines, and require probation after their release from custody. Often, these defendants will also lose certain rights, such as possessing a firearm or voting.
In most cases, Texas state criminal penalties are less severe. The Texas Penal Code categorizes crimes into misdemeanors and felonies, with different classes within each category. Misdemeanors often have fines, community service, or short jail sentences. However, felonies will carry long prison terms, fines, and other penalties. Texas is known for its tough stance on crime. It often imposes some of the strictest penalties in the country, including the death penalty for capital offenses.
Find Out What to Do If You are Charged with a Crime
Understanding the differences between federal and Texas state crimes is vital for anyone involved in the criminal justice system, especially those who may be accused of a crime. At the Law Office of Kerrisa Chelkowski, we are here to support you throughout any state or federal legal process. Contact us today to schedule a consultation so we can start protecting your rights.