Facing any kind of federal charge for a crime you have been accused of is very serious and can come with dire consequences. It's our job at DuBois Law to help you understand the penalties that go with them and speak to how we can defend you in the court of law. Our goal in writing about this is not to instill fear of the consequences, but to reassure you of the defense we will provide while ensuring you're knowledgeable about the charges you may face.

In this blog, we will run through what it means to face federal drug, weapons, and theft charges and how they differ in New York State from Federal law.

The Difference Between Federal and State Jurisdiction

State jurisdiction mainly differs from federal jurisdiction in that the jurisdiction of the state abides by the law within its own borders, while federal jurisdiction has minimal say and mainly applies when a federal law is broken. State jurisdiction handles smaller crimes like theft and assault, while federal courts typically handle more egregious crimes like crossing state lines illegally, mail fraud(larceny), interstate drug trafficking, or bank robbery.

Like we said, it is our job to inform you of everything that you need to know before we defend you, and some underlying aspects of the difference between federal and state jurisdiction are important to know:

Drug crimes, for example, impose mandatory minimum sentences, which are just a requirement for the judge to impose a predetermined prison term. It's different in the state where judges will most likely have more flexibility with their sentences and put you through probation or rehabilitation programs.

There are procedures and resources involved when the crime is taken to the court level. Federal courts tend to move at a slightly quicker pace due to lower caseloads, and they also have more extensive resources at their disposal to handle their cases, which allows them to move as fast as it does.

State procedures in the court vary by state, which causes delays and continuances to occur, leading to frequent heavy caseloads. State courts have a bit more relaxed standards towards this process when it does eventually reach the court system.

For us as defense attorneys, the biggest reason why we want you to know about information like this is because it can really change how legal strategy and representation for you is conducted. It could also potentially influence the outcomes and penalties, along with who will hear your case, at the state or federal level. 

Make sure you talk with legal representation before you do anything major and ask as many questions as possible, or else you could end up filing in the wrong court.

Federal vs. New York State Charges By The Type of Crime

Federal vs. NY Drug Charges

If the illegal drug activity occurs within a state's borders, then the state is only able to get involved. When activities such as trafficking across state lines, or when large sums of money are involved, the federal government will take over the case. 

So which drugs are charged between both? On both a federal and state level, New York State prosecutes heavily for certain types of narcotics, most notably heroin, fentanyl, and methamphetamine. Oxycodone, tranquilizers, and Vicodin are three more unknown drugs that people might not know are covered in both federal and state courts as well. 

For More Info - Our Drug Crime Defense Page

Federal vs. NY Theft Charges

While the word “theft” is a way to describe it, the real way to categorize this crime is under the word larceny, which is when an individual wrongfully takes, obtains, or withholds property from a rightful owner, with the intent to deprive said owner of their rightful property. This also differentiates from “fraud”, which is when the deception is intentional, versus larceny through deceit, but without the intent to permanently deprive someone of what you stole.

The state of New York divides larceny into categories: first, second, third, and fourth degree larceny. They specifically relate to how much money was stolen or the value of the stolen property. Federally, the charges are bigger for crimes such as embezzlement, fraud, or identity theft. The specifics are very important to understand the difference between federal and state law.

For More Info - Our Theft Crime Defense Page

Federal vs. NY Weapons Charges

New York State has one of the strictest gun law crackdowns amongst all 50 states, which makes talking about the federal vs state charges even more important. Between both, federal law is less restrictive than state law when it comes to lending your firearm to another person or concealing your firearm without a concealed carry permit. 

A misdemeanor in New York State is a minor wrongdoing that can carry up to less than a year in prison, and one of the state's biggest misdemeanors is possessing an unlicensed weapon (if the gun is loaded, it would be much worse). Like with most federal guidelines, where it becomes more important to federal law is if guns are trafficked in through the borders, or if on an application they lie about any question relating to owning a weapon.

It should be made clear that there are circumstances in which a person is allowed to carry/own weapons in New York State, and given how strict it is on gun laws, the best type of defense attorney who understands those laws will help you in the long run through the process of defending you if you happen to be charged.

For More Info - Our Weapons Crimes Defense Page

For any of these 3 major crimes and the charges they carry, you'll need a professional attorney, no matter what! Communication and honesty are crucial to building trust between attorney and client. When you contact us, you're free to ask any questions. When it comes to this, “we understand and never judge”; we know how important your defense will be, and we will take it seriously every step of the way.

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS BLOG POST IS NOT LEGAL ADVICE, DANIEL DUBOIS AND/OR ANY DUBOIS LAW ATTORNEY(S) ARE NOT YOUR ATTORNEY(S) UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.