When someone is accused of a crime in California, one of the first questions that often arises is whether the case will be prosecuted in state or federal court. While both systems aim to enforce the law, the differences between federal charges and state charges are significant. The level of resources available to prosecutors, the types of crimes prosecuted, sentencing guidelines, and even courtroom procedures all vary depending on the jurisdiction.
At RP Defense Law APC, we represent clients in both state and federal criminal cases. With over 18 years of defense experience and a 99% success rate in avoiding maximum penalties, we know how high the stakes can be—especially when federal authorities are involved. If you are under investigation or facing charges, call (818) 646-3443 today for a free discovery call to speak with a Los Angeles defense attorney who understands both the criminal and civil systems and will fight for your future.
Jurisdiction: Who Prosecutes the Case?
The first major difference between state and federal charges is who brings the case against you.
- State Charges: These are prosecuted by a district attorney or city attorney on behalf of the State of California. Most crimes that happen in Los Angeles, from DUIs and theft to assault and burglary, fall under California law and are handled in state court.
- Federal Charges: These are prosecuted by the United States Attorney’s Office on behalf of the federal government. Federal cases often involve crimes that cross state lines, involve federal property, or violate federal statutes—such as wire fraud, large-scale drug trafficking, or immigration offenses.
Because Los Angeles is home to both state courthouses and federal courts, an individual can face charges in either system—or, in some cases, both.
Investigating Agencies
The agencies involved in building cases are also different.
- State Investigations: Typically handled by local law enforcement such as the Los Angeles Police Department (LAPD), Los Angeles County Sheriff’s Department, or California Highway Patrol (CHP).
- Federal Investigations: Carried out by agencies like the FBI, DEA, ATF, IRS, or Homeland Security. These agencies often spend months or even years investigating before charges are filed, using extensive resources that local police departments may not have.
The result is that federal investigations are usually more complex and far-reaching, involving wiretaps, financial audits, or multi-state operations.
Types of Crimes
While there is some overlap, certain crimes are more likely to be charged at one level than the other.
- State Crimes: DUIs, domestic violence, assault, burglary, robbery, and most drug possession cases.
- Federal Crimes: Wire fraud, bank fraud, mail fraud, tax evasion, embezzlement affecting interstate commerce, large-scale drug trafficking, human trafficking, and crimes that occur on federal property or across state lines.
It’s possible for the same act to be prosecuted in both courts. For example, a drug case involving both local sales and interstate trafficking could trigger state and federal charges simultaneously.
Sentencing Differences
Sentencing is one of the most critical differences between federal and state charges.
State Sentencing
California uses a determinate sentencing system, with specific ranges for each crime. Judges often have discretion to impose probation, jail time, or treatment-based alternatives, especially for non-violent offenses.
Federal Sentencing
Governed by the U.S. Sentencing Guidelines, which are advisory but heavily influential. Federal penalties are typically harsher, with longer prison terms, higher fines, and fewer opportunities for alternatives such as diversion or treatment programs. Federal prisons are often located outside California, meaning time away from family and support systems.
In addition, federal convictions usually carry long-lasting consequences, such as supervised release and stricter parole conditions.
Resources and Prosecution Strength
Federal prosecutors generally have more resources than their state counterparts. They work closely with large investigative teams, expert witnesses, and advanced technology. This means that defending against federal charges requires a skilled criminal defense attorney who understands how to challenge highly technical evidence, from financial audits to forensic computer data. By contrast, state cases may involve fewer resources, but local prosecutors are still aggressive in pursuing convictions, especially for violent crimes or repeat offenders.
Collateral Consequences
Both state and federal convictions can result in prison, fines, and probation, but the collateral consequences often differ in scope.
- State Convictions: Can impact employment, housing, and professional licensing.
- Federal Convictions: Often carry even greater consequences, including loss of federal benefits, restrictions on travel, limits on employment opportunities, and difficulty reentering certain professions.
- Non-citizens convicted of federal crimes face a particularly high risk of deportation.
Why You Need a Defense Attorney Experienced in Both Systems
Because Los Angeles is a hub for both state and federal prosecutions, defendants need a lawyer who is prepared for either scenario. At RP Defense Law APC, we know how to defend clients in both state and federal courtrooms. Our strategies include challenging how evidence was obtained, filing motions to suppress, negotiating reduced charges, and preparing aggressively for trial when necessary.
We recognize that the differences between state and federal cases can mean the difference between probation and years in prison. That’s why our criminal defense lawyers build tailored defense strategies designed to protect your freedom, your reputation, and your future.
Don’t Face Criminal Charges Alone: Contact Our Defense Lawyers Today
The difference between state and federal charges is more than just jurisdiction—it affects the investigation, the prosecution, the penalties, and your defense strategy. Facing federal charges can feel overwhelming, but you don’t have to go through it alone—our team cares about your case as much as you do.
Call (818) 646-3443 or contact us online today to schedule a confidential consultation with RP Defense Law APC. We will fight for you at every stage, whether in California state court or federal court.
