Differences Between Federal and State Crime

Even the most experienced state criminal defense lawyers can struggle to handle themselves in federal court. The differences between state and federal criminal charges in Pennsylvania go beyond simply traveling to different courthouses. They require attorneys qualified in both jurisdictions who understand the unique procedural rules and case law applicable to state and federal charges. 

At Mette Law, our experienced criminal defense lawyers know how to handle both state and federal charges in Dauphin County. Let our dedicated defense team review your charging documents and help achieve the best possible outcome in your case.

Understanding Federal v. State Jurisdiction

The federal and state criminal courts in Harrisburg are only about three blocks from one another, but don’t let their proximity fool you. The United States of America controls the federal court, while the Commonwealth of Pennsylvania controls the state court. These are distinct jurisdictions with entirely different criminal laws and procedures. You can be charged and tried in both federal and state courts for the same offense, but federal prosecutors have priority. Federal charges are often, but not always, more serious than state-based offenses.

Federal Charges and Potential Penalties in Harrisburg

The main difference between federal and state charges is that federal prosecutors, called U.S. attorneys, must generally prove they have jurisdiction. This means you’re accused of committing an offense (1) against the United States or a federal employee/officer; (2) on federal property; or (3) across state or national borders. The most common federal charges in Pennsylvania include the following:

• Drug trafficking (21 U.S.C § 841(a)(1))
• Wire fraud (18 U.S.C. § 1343)
• Firearms offenses
• Securities fraud and white-collar crimes
• Immigration offenses
• Child pornography possession/creation/distribution
• Cybercrimes (hacking, identity theft, crypto fraud)
• Tax evasion
• Human trafficking

Unlike in state court, there is no federal parole. Most offenses also have mandatory minimum prison sentences. Always work with an experienced federal criminal defense attorney for charges brought in the United States District Court for the Middle District of Pennsylvania (Harrisburg Division).

Criminal Matters Handled in Dauphin County State Court

State charges can be just as serious as federal charges, especially if you’ve been accused of murder, rape, or another first-degree felony offense under state criminal classifications. However, the state also handles most minor crimes – such as traffic tickets and misdemeanors – and lower-level felonies that are rarely charged in federal court. Most family-based offenses, sex crimes, and serious traffic violations are handled in Dauphin County criminal court. Pennsylvania also offers parole for eligible offenders and does not have the same mandatory prison sentences as equivalent federal charges.

State and Federal Criminal Defense Attorneys in Harrisburg, 

Whether you’ve been charged with a state or federal crime, our dedicated Dauphin County criminal defense team can handle your case. We’ve been building a strong relationship with the local U.S. attorneys and Commonwealth district attorneys for over five decades. Call our Harrisburg office at (717) 232-5000 or contact us online to begin preparing the best defensive strategy for your charges.