Felony And State Law: What's The Verdict?

The US legal system is a complex network of federal and state laws, with some acts considered crimes under both federal and state laws. While federal laws are limited to areas of federal or national interest, state lawmakers have broader legislative powers. Federal felonies are often considered more serious than state felonies, and penalties for federal offenses are usually more severe. For instance, federal judges have stricter sentencing guidelines for felony convictions, and a federal convict will likely serve a more significant portion of their sentence compared to a state felon.

Federal vs state crimes

Federal and state crimes differ in terms of jurisdiction, the nature of the crime, and sentencing.

State crimes are those that break state law and cover the majority of crimes. State crimes include murder, rape, DUI, drug possession, theft, robbery, shoplifting, and assault. The majority of misdemeanors are state crimes. State crimes are tried in state courts, and punishments can include a range of fines or prison time indicated by state laws. A judge will decide whether an offense merits the minimum penalty, the maximum penalty, or somewhere in between.

Federal crimes are violations of the U.S. Constitution and always overrule state law. Federal crimes are those that the federal government has specifically designated as federal crimes. Federal crimes include terrorism, tax evasion (if the taxes are those levied by the IRS), bank robberies and bank fraud, mail fraud, and theft from emails. Federal crimes also include crimes that cross state boundaries, such as kidnapping, and computer crimes like internet pornography and computer hacking. Federal crimes are tried in federal courts, which follow the Federal Rules of Criminal Procedure. Federal convictions are generally harsher than state convictions, with stricter sentencing guidelines for felony convictions. For example, a federal convict will have to serve at least 85% of their sentence, while in states, a felon can serve 50%.

It is important to note that the laws for both federal and state crimes are constantly changing, and it is essential to seek legal representation from a specialist in the relevant type of law when facing criminal charges.

State law variations

State felony disenfranchisement laws vary in severity from state to state, with some states having permanent disenfranchisement for certain felony offenses, such as murder or manslaughter, while others restore voting rights to people who have completed their sentences, excluding those convicted of specific crimes like homicide. In 2019, House Bill 265 went into effect, restoring voting rights to residents serving probation or parole sentences who had not been incarcerated within the previous five years.

The classification of felonies also differs between states. For instance, Missouri categorizes felonies into five classes, with Class A as the most serious and Class E as the least. In contrast, federal felonies are divided into five categories, with Class A as the most severe, punishable by a maximum prison term of life and a $250,000 fine, and Class E as the least severe, with a prison term of one to five years and a maximum fine of $5,000.

While some criminal acts are exclusive to federal law, many others, such as bank robbery, are crimes under both federal and state law and may be prosecuted. An example of this is the Rodney King case, where four Los Angeles Police Department officers were acquitted in a California state court but later charged and convicted in a federal court of violating King's constitutional rights.

Federal sentencing

The Federal Sentencing Guidelines are not mandatory, as the Supreme Court ruled in United States v. Booker that they violate the Sixth Amendment right to a trial by jury. However, they are still widely used, and judges who use them to sentence convicted criminals are presumed to have ruled reasonably, making it more challenging to overturn a sentence on appeal.

The guidelines provide a framework for sentencing based on the offense level and the criminal history category of the defendant. The offense levels range from Level 1 to Level 43, with corresponding recommended prison sentences. For example, a Level 1 offense recommends a prison sentence between zero and six months, while a Level 43 offense suggests a life sentence. Repeat offenders are also given longer sentences, with points awarded for each prior conviction, which are then factored into the sentencing calculation.

The criminal history categories are listed from I to V, and when intersected with the offense level on the Sentencing Table, provide the recommended sentence. For instance, a person with a criminal history category of I convicted of a level 8 offense should serve between zero and six months, while a person with the same offense but a criminal history category of V should serve between 15 and 21 months.

There is some flexibility within the guidelines, as judges can deviate from the recommended sentences in certain cases. For example, a person who assists in the prosecution of other defendants might receive a lesser sentence, while someone who used a deadly weapon during a crime could receive a more severe sentence. Additionally, the sentencing table includes four zones, with Zone A allowing for probation without prison time. Federal felonies are also divided into five classes, with Class A being the most severe and carrying a maximum prison term of life imprisonment and a $250,000 fine, while Class E is the least serious, with a prison term of 1 to 5 years and a maximum fine of $5,000.

Federal convictions are generally considered harsher than state convictions, as federal convicts must serve a more significant portion of their sentence, and federal judges follow stricter sentencing guidelines. Federal sentencing also applies to crimes involving federal officers, federal institutions, and immigration or customs violations.

State court trials

In terms of the trial process, state court trials for felonies generally follow a similar structure to federal court trials. The defendant will enter a plea at the arraignment, and if they plead guilty, the judge may impose a sentence or schedule a later hearing to determine the sentence. If the defendant pleads not guilty, the judge will schedule a trial. In most felony cases, the judge will wait for a presentence report from the court's probation office before imposing a sentence.

During the trial, the government must provide evidence to convince the jury of the defendant's guilt beyond a reasonable doubt. The standard of proof in a criminal trial is higher for the prosecutor than in a civil trial. If the defendant is found not guilty, they are released, and the government cannot appeal. The Constitution prohibits double jeopardy, which means the defendant cannot be tried again for the same offense in a federal court. If the defendant is found guilty, the judge determines the sentence, which may include prison time, fines, or restitution to the victims.

It is important to note that state court trials can also involve misdemeanors, which are less serious crimes. In Texas, for example, constitutional county courts have original jurisdiction over Class A and Class B misdemeanors, while justice of the peace courts handle Class C misdemeanors. These courts also have jurisdiction over minor civil matters, such as small claims cases.

Voting rights

In the US, the 14th Amendment, ratified in 1868, prohibits states from denying citizens "life, liberty, or property, without due process of law." However, it includes a caveat that the "right to vote" can be "abridged ... for participation in rebellion, or other crime." This has been interpreted to mean that denying felons the right to vote is constitutionally valid, and courts have upheld this interpretation. Despite this, there are no federal laws in place that regulate felon voting, leaving it to individual states to determine the voting rights of those with felony convictions.

As a result, voting rights for people with felony convictions vary across the US. Some states, like Mississippi, have a lifetime voting ban for people convicted of certain felonies. In contrast, others, like Washington, D.C., allow incarcerated individuals to vote, ensuring they are not disenfranchised based on their conviction. Many states, however, fall somewhere in between these extremes. For example, in Oklahoma, individuals convicted of a felony can have their voting rights restored after completing their sentence, including prison time, parole, and probation. Similarly, in New Jersey, voting rights are automatically restored upon release from prison, and people on parole or probation can register and vote.

The impact of felony disenfranchisement is significant, as it denies representation to those who have served their time and are reintegrating into society. This issue disproportionately affects certain communities, contributing to the marginalisation of already disadvantaged groups. Restoring voting rights to people with felony convictions is seen by many as a crucial step towards building a stronger democracy and advancing civil rights.

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