
Facing criminal charges in New York can be overwhelming. However, when the charges against you are on a federal level, it can be devastating, as these crimes often result in harsher penalties. If you are charged with or under investigation for a federal crime, it’s in your best interest to contact our experienced Nassau County Criminal Defense Attorneys who can help shield you from an uncertain future. Please continue reading to learn the distinctions between state and federal offenses.
What Constitutes a Federal Crime?
When it comes to criminal law, understanding the distinction between federal and state offenses is crucial. The primary difference between state and federal crimes is that a state crime occurs when a person breaks state law, whereas a federal crime occurs when a person breaks the federal legal code. Essentially, state laws vary, while federal law is uniform across the United States. It’s important to understand that a crime may be considered both a state and federal crime. However, federal law takes precedence over state laws.
In many cases, federal offenses involve activities that cross state lines, such as drug trafficking or white-collar crimes that impact multiple states. Federal crimes encompass a wide range of criminal activities. Unlike state offenses, these crimes are investigated by federal agencies such as the FBI, DEA, or ATF and are prosecuted by the U.S. Attorney’s Office. Keep in mind that legal proceedings adhere to the rules and procedures that are outlined in the Federal Rules of Criminal Procedure, which differ greatly from state procedures. If an individual is convicted of a federal crime, they will serve their sentence in a federal prison, whereas those convicted of a state crime will serve their sentence in a state correctional facility or local county jail.
What Should I Do if I’m Charged with a Federal Offense?
In the unfortunate event that you have been charged with a federal offense, it’s important to remember that you have rights. Not only do you have the right to remain silent, but you also have the right to a criminal defense attorney. If you are arrested or approached by federal agents, you should exercise these rights immediately. While you have to provide the police with basic information, you should politely decline to answer any questions until you have secured legal representation to avoid self-incrimination. You mustn’t discuss your case with anyone other than your criminal defense attorney, as conversations can be subpoenaed and used against you.
At KCS Law, we understand that facing federal charges can be stressful as your freedom and future are at stake. Our legal team is prepared to help you navigate the criminal justice system and attain the best possible outcome in your case. Connect with our firm today to learn how we can assist you during these tough times.