Depending on factors like jurisdiction and the alleged crime, criminal proceedings may be handled in state or federal court. But what are the differences between these two judicial systems? How do you know whether the state or the federal government has jurisdiction? Which offenses are considered federal crimes? And what happens if a crime violates state and federal laws?

Our Philadelphia white-collar crimes lawyer explains some of the basic differences between federal and state crimes. Many, if not most, crimes are prosecuted at the state level. However, many crimes violate both state and federal laws. As such, certain circumstances may allow for certain crimes to be prosecuted in federal court under federal law. If state and federal laws conflict, federal law typically wins out. So, if a certain act is not a crime under Pennsylvania law but it is a crime under federal law, it may still be prosecuted in federal court. State-level offenses can become federal cases under certain circumstances. If a crime crosses state lines or occurs on federal property (e.g., a government building), it may become a federal matter.

If you are facing state or federal charges, call our Philadelphia criminal defense lawyers with the Liberty Law Team at (215) 826-3314 for a free case evaluation.

How Federal and Pennsylvania State Laws May Apply in Criminal Cases

In addition to the federal laws that apply throughout the nation, each state has its own unique legislature with its own set of criminal statutes. State courts handle criminal matters that violate state laws within state boundaries, and the prosecutors and judges are considered to be employees of the state. The District Attorney’s Office (DAO) prosecutes violations of state laws occurring in the District Attorney’s county. For example, Larry Krasner is the current Philadelphia County D.A.

By comparison, federal courts handle criminal proceedings arising from alleged violations of federal law, as well as various civil matters. It can be hard to determine if a criminal violation is a state or federal offense, especially since these laws often overlap. For example, murder is illegal according to Pennsylvania state laws and federal laws, meaning it could be handled in either court system. Other times, laws conflict. For example, a state might decide to decriminalize marijuana, but marijuana is still largely illegal under federal law.

When state and federal laws conflict, the Supremacy Clause of the United States Constitution kicks in. This clause holds that federal law trumps state law. So, while a state like Colorado has legalized recreational marijuana use, the federal government has not. It might not be a crime in Colorado to have or use marijuana, but it can still be charged as a federal offense.

Federal vs. Pennsylvania State Crimes

Certain tax crimes and white-collar crimes are often charged as federal offenses. Tax laws are largely promulgated and enforced at the federal level. While states might have some rules about taxes, it is largely a federal matter. Additionally, banks often fall under federal law because they are members of the Federal Reserve and Federal Deposit Insurance Corporation (FDIC). As such, bank robbery or bank fraud are typically charged as federal crimes.

Generally speaking, federal courts often hear extremely serious felonies. Furthermore, the penalties imposed for federal criminal convictions also tend to be more severe than state-level criminal penalties. As a result, many (but not all) federal cases are resolved through plea bargaining. Additionally, federal courts can handle federal misdemeanors, such as tax misdemeanors or speeding on highways.

Federal crimes are prosecuted by the U.S. Attorney’s Office (USAO) as opposed to the District Attorney’s Office. However, both state and federal prosecutors may work on a case where federal and state laws overlap (as exemplified by the case of NFL player Michael Vick, who the federal government and the state of Virginia prosecuted). The current U.S. Attorney for the Eastern District of Pennsylvania is Jacqueline C. Romero, who President Joe Biden appointed on June 21, 2022. The Eastern District of Pennsylvania is one of the largest in the nation, encompassing the following counties:

How Pennsylvania and Federal Criminal Laws Might Overlap

Needless to say, there are many criminal charges which represent clear violations of both state and federal law. For example, while each state has its own statutes addressing rape and murder – in Pennsylvania, 18 Pa. Cons. Stat. § 3121 and 18 Pa. Cons. Stat § 2502 – these offenses are also illegal throughout the entirety of the United States under 10 U.S. Code § 920 and 18 U.S. Code § 1111, respectively. So, if a crime breaks both state laws and federal laws, then what happens? How is it decided whether the matter will be heard in state or federal court?

As noted above, the majority of criminal matters are prosecuted in state court. Depending on the nature and location of a crime that violates both state and federal law, whether the case is to be handled on a state or federal basis is generally determined by prosecuting attorneys working in conjunction with investigators and law enforcement officials. Depending on the type of offense the charges involve, the prosecutor may work with federal agencies like the Internal Revenue Service (IRS), the Drug Enforcement Administration (DEA), or the Federal Bureau of Investigation (FBI). Contrary to popular belief, the FBI is, in its own words, a “national security organization” – not a police force.

While defense attorneys and judges do not determine whether a criminal matter will commence in state or federal court, prosecutors and defense attorneys can file motions to transfer state matters to federal courts for the reasons we discussed earlier. Judges ultimately decide on these motions.

When Pennsylvania State Issues Become Federal Issues

Considering just how complicated state and federal laws are, it is often difficult to determine whether a particular criminal case is a state matter, federal matter, or possibly both. While you should definitely go over this with your attorney, below are a few common examples of how criminal offenses in Pennsylvania can become federal cases.

Crossing State Lines

Generally, a criminal offense is tried in state court if it does not leave the state of Pennsylvania. For example, if someone from Philadelphia robbed a convenience store and fled to Harrisburg, the offense may be charged and tried at the state level. However, suppose the defendant fled to the neighboring state of New Jersey instead. They might be apprehended by New Jersey authorities and extradited to Pennsylvania. While such a case could still be considered a state-level crime, it might also be a federal issue because the defendant crossed state lines when fleeing the crime scene.

Other cases are a bit more complex. For example, suppose the defendant from above not only fled to New Jersey but robbed another convenience store while they were there. Maybe they fled to Delaware after that and robbed a liquor store. Now we have a crime spree on our hands that covers three states. Determining which state has jurisdiction may be difficult, and the case would likely be heard in federal court.

Crimes on Federal Property

Some cases do not have to cross state boundaries to become federal matters. Another possibility is that a state-level offense becomes a federal offense when it occurs on federal property. For example, if someone sets fire to an office building, they may be charged with arson and tried in state court. However, if they set fire to a federal building (e.g., federal courthouse, federal office, post office), they may be charged with a federal offense.

Similarly, crimes that occur on military bases are often handled at the federal level. For example, if a soldier assaults another person while on a military base, they might be federally charged, even if that base is within Pennsylvania.

Interstate Commerce

Even if a crime does not happen on federal property or cross state lines, it might be considered a federal offense if it affects interstate commerce. These kinds of offenses are often related to money and may involve some sort of fraud. For example, things like identity theft, large-scale fraud, various white-collar crimes, and internet crimes or scams may have serious implications for interstate commerce and may be handled in federal court.

Speaking of the internet, it is often difficult to determine which state internet crimes are committed in because the internet is not a physical place that exists in any one state. Suppose someone uses the internet to defraud others out of money. The victims of the fraud might be from multiple states, and the bigger the fraud, the more likely it is to affect interstate commerce. As such, internet crimes are often heard in federal courts.

Determining Whether Your Case May Be Heard in Pennsylvania State Court or Federal Court

As noted in a Summer 2006 ABA publication titled “Federal or State? Sorting as a Sentencing Choice,” written by former federal prosecutor Ronald F. Wright, “A defense lawyer who knows something about the federal-state sorting process in the district can help clients predict their futures and occasionally influence this crucial sentencing factor.” Wright also notes, “Especially for narcotics and firearms crimes, precisely the same conduct could lead to criminal charges in federal court, in state court, or both.”

If an act is legal or decriminalized on a state or municipal level but is still illegal on the federal level – such as simple possession of small amounts of marijuana in states like Colorado – the offender could potentially be prosecuted in federal court for violating federal law. Your Philadelphia lawyer for issuing a bad check can further explain how state and federal laws apply to your case.

Speak to Our Pennsylvania Criminal Defense Lawyers About Your Case Right Away

If you are facing state or federal charges, call our Bucks County criminal defense lawyers with the Liberty Law Team at (215) 826-3314 for a free case evaluation.