State vs. Federal Crimes in Miami
Understand the Difference between Federal & State Offenses
Every state in the country has specific laws that define and penalize prohibited behavior. Engaging in these prohibited behaviors often results in either federal or state criminal charges. Cases often overlap both federal and state laws, making it necessary to determine which criminal court has jurisdiction to prosecute the crime. Typically, if a crime is confined to one state, it is tried in state criminal court. If, however, the crime occurs in multiple states or crosses a state line, it is often elevated to a federal offense.
Learn more about the difference between state and federal crimes by calling The Law Offices of Joel DeFabio at (305) 851-5581.
State Crimes in Florida
At the state level, governments are responsible for developing criminal codes and laws that define both crimes and the potential penalties for committing them.
A few examples of state crimes are:
- Drug possession
- Assault and battery
State crimes in Florida are listed in Title XLVI of the Florida Statutes.
In addition to crimes that cross state lines, federal offenses are also crimes that violate federal laws or are committed on or against federal property. Many crimes that are considered federal offenses can be found in Title 18 of the United States Code.
A few examples of federal crimes include:
Kidnapping and murder are examples of state crimes that become federal when they occur across multiple states.
Beyond the many statutes defining criminal offenses in Title 18, it is also possible to be charged, prosecuted, and punished under one of the many different rules and regulations contained in the Byzantine complex of federal law. According to an estimate made by the American Bar Association and reported in the Wall Street Journal, there are probably well over 3,000 federal crimes on the books.
Federal Courts vs. State Courts
Only federal offenses are tried in federal court. All states have federal district courts that function as federal criminal courts to hear cases regarding violations of federal law. Federal criminal cases are tried on behalf of the people of the United States by the U.S. Attorney's Office. The majority of crimes in Miami, however, are violations of state law and are prosecuted in state court.
States have one or more criminal court systems where cases are brought on behalf of the people of the state by the district or state attorney's office.
If you are being investigated or charged with a federal crime, come to The Law Offices of Joel DeFabio for help. We can practice in both state and federal court, and our Miami federal crimes lawyer has a proven track record of success in defending clients.
Aggravated Identity Theft CHARGES DISMISSED
Assault of a Federal Officer CHARGES DISMISSED
Conspiracy NOT GUILTY
Conspiracy to Commit Bank Fraud CHARGES DISMISSED
Conspiracy to Commit Fraud NO JAIL
Conspiracy to Commit Terrorism NOT GUILTY
Conspiracy to Defraud the U.S. Government NO JAIL
Conspiracy to Defraud the U.S.; False Statements NO JAIL
Conspiracy to Distribute Cocaine NO JAIL
Conspiracy to Import Cocaine CHARGES DISMISSED
Nearly 40 Years of Experience
More Than 600 Federal Cases Defended
More Than 50 Federal Jury Trials Handled
One of Miami's Most Respected Defense Attorneys
Honest Appraisal of Your Case - "No Surprises"