State Law Violation: Felony Or Misdemeanor?

Breaking a state law can absolutely be a felony. While state legislators can pass almost any law, federal lawmakers can only pass laws that serve a federal or national interest. Most crimes—murder, robbery, burglary, arson, theft, and rape—are violations of state law, and state legislators have used their general police power to regulate the conduct and create the law. State crimes are found in the state's criminal or penal code, and the criminal statute defines what acts are prohibited and the penalty for violating the law.

Federal vs. state crimes

Federal crimes are violations of the U.S. Constitution and always supersede state law. The federal government can interfere and convict someone of a federal crime, even if the crime was committed within a single state. Federal crimes are those that the federal government has designated as such. These include terrorism, tax evasion, bank robberies and bank fraud, mail fraud, theft from emails, and computer crimes such as hacking. Crimes that cross state boundaries, like kidnapping, are also federal crimes.

State crimes, on the other hand, are crimes that break state law and cover most criminal offences. These include murder, rape, DUI, drug possession, theft, robbery, shoplifting, and assault. Most misdemeanours are state crimes. The majority of criminal trials are held in state courts, and the judicial procedures and jurisdictions for federal and state crimes are entirely separate. For a state crime, the court is held in the city or county where the crime was committed. State courts follow rules laid down by state legislatures and courts, and state judges and legislatures define sentencing policies.

A crime can be considered a felony at both the state and federal level. For example, DUI is usually a state crime, but if it occurs on federal property, it becomes a federal crime. The same is true for drug crimes, which can be charged at the state or federal level, depending on the amount of drugs involved and whether they crossed state or international lines.

The difference between state and federal crimes often boils down to where the court proceedings will occur (jurisdiction). Federal crimes have three levels to the court system: district court, court of appeals, and the Supreme Court. Federal courts are physically separate from state courts, with different judges, prosecuting attorneys, and procedures. Federal courts follow the Federal Rules of Criminal Procedure, while state courts follow rules set by state legislatures and courts.

State law violations

Most crimes that come to mind, such as murder, robbery, burglary, arson, theft, and rape, are violations of state law. State legislators use their general police power to regulate conduct and create laws that prohibit criminal behavior at the state level. State lawmakers enact laws that create and penalize various offenses, and the state court has jurisdiction to decide the case. For example, a state's murder statute might state that "a person who intentionally kills another person without legal authority commits murder and may be punished by up to life in prison."

While the majority of crimes involve state prosecutions for violations of state law, some acts are considered crimes only under federal law. Federal criminal laws are typically tied to federal or national issues, such as interstate trafficking in contraband, federal tax fraud, mail fraud, or crimes committed on federal property. However, many criminal acts, such as bank robbery and kidnapping, can be prosecuted under either federal or state law.

When someone faces state criminal charges, they will appear before a local or state judge in a state court. The penalties for state crimes vary from state to state, and each state has its own corrections system. Generally, those convicted of misdemeanors are placed in local jails, while those convicted of felonies are sent to state prisons.

It is important to note that, although rare, there are no constitutional bars to prosecution in both state and federal court for the same criminal act if it violates both state and federal law. This is because the state and federal governments are considered separate sovereign entities, and the Double Jeopardy Clause does not apply in this case.

Federal court prosecutions

In federal court prosecutions, defendants do not have to prove their innocence. If a defendant pleads guilty, the judge will usually schedule a later hearing to determine the sentence. In felony cases, the judge typically waits for a presentence report from the court's probation office before imposing a sentence. A sentence may include time in prison, a fine, and restitution to be paid to the victims. The court's probation officers enforce the conditions imposed by the court as part of the criminal sentence. Offender supervision may involve services such as substance abuse testing and treatment programs, job counselling, and alternative detention options such as home confinement or electronic monitoring.

The decision to prosecute in federal court represents a policy judgment that the fundamental interests of society require the application of federal criminal law to a particular set of circumstances. This recognises that serious violations of federal law must be prosecuted and that prosecution entails profound consequences for the accused, crime victims, and their families, regardless of the outcome. Prosecutors must consider the specific charges to be brought and plea dispositions, which will determine the range of sanctions or other measures imposed for criminal conduct.

In federal court prosecutions, the attorney for the government should oppose any attempts to litigate the validity of prosecutorial actions or internal office procedures. If there is a reasonable possibility that the government may face an adverse decision in litigation, the attorney should notify the Department. If the attorney concludes that there is probable cause to believe that an individual has committed a federal offence within their jurisdiction, they should consider whether to prosecute. However, the presence of probable cause does not automatically warrant prosecution, and further investigation or consideration of other relevant factors may be warranted.

State criminal charges

State laws criminalise a range of conduct, from violent crimes like murder and sexual assault to lesser infractions such as traffic violations. For example, a city council may pass a law making it a misdemeanour to panhandle in certain public places. States also have jurisdiction over drug crimes, prosecuting most of these cases at the local level. However, if a crime crosses state lines or affects interstate commerce, the federal government can step in and prosecute it as a federal offence.

The severity of a state criminal charge can vary, and it is classified as either a felony or a misdemeanour. Felonies are generally more serious or violent offences, punishable by prison time. Examples of felony charges include homicide, sex offences, aggravated assault, robbery, kidnapping, and drug crimes like the unlawful sale or distribution of controlled substances. Misdemeanours, on the other hand, are less serious offences with penalties such as fines or up to a year in jail. These include minor infractions like traffic or parking tickets and open container violations.

When facing state criminal charges, it is important to have a criminal defence lawyer well-versed in the laws of that particular state. The legal process can be challenging, especially if the charges are from a state other than the accused's permanent residence. The court expects the accused to appear before it, even if they live in another state. This can lead to conflicts between court obligations and an individual's personal life, as well as the added challenge of travelling between states for court hearings.

Federal criminal laws

In the United States, the federal government defines a felony as a serious crime punishable by death or imprisonment of more than one year. If the punishment is exactly one year or less, it is classified as a misdemeanour. The classification is based on the potential sentence, so a crime remains a felony even if the convicted person receives a sentence of less than one year.

The distinction between felony and misdemeanour has been criticised as arbitrary, and there have been efforts to abolish or replace the term "felony". The Criminal Law Act of 1967 in England and the 1997 Act in Ireland introduced the category of "arrestable offence" for crimes with penalties of five years' imprisonment or more. In some civil law jurisdictions, such as Italy and Spain, the term "delict" is used to describe serious offences, while in other countries like Germany, France, Belgium, and Switzerland, more serious offences are referred to as "crimes", and less serious ones as "misdemeanours" or "delicts".

Despite these changes, the felony-misdemeanour distinction remains widely applied in the United States. The term "felony" originated from English common law, describing an offence that resulted in the confiscation of a convicted person's land and goods, with potential additional punishments, including capital punishment. Following a felony conviction, an individual may be described as a felon or a convicted felon.

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