🏛️ How Are Federal Crimes Different From State Crimes in Florida?
If you’ve been arrested or charged with a crime in Fort Lauderdale or anywhere in South Florida, one of the first things you need to understand is whether your charges fall under Florida state law or U.S. federal law.
These two systems differ in who investigates and prosecutes your case, where your trial is held, and—most importantly—what penalties you face.
Working with an experienced federal crimes lawyer can make all the difference—especially if your case lands in federal court.
📋 State vs. Federal Charges: What’s the Difference?
Most criminal offenses in Florida are prosecuted under state law and handled by local prosecutors in county or circuit court. However, some crimes fall under federal jurisdiction due to their nature, scope, or location.
🔹 Common State Crimes in Florida:
- DUI (Driving Under the Influence)
- Simple assault or battery
- Burglary and theft
- Drug possession (non-trafficking)
- Homicide or manslaughter
- Domestic violence or child abuse
🔸 Common Federal Crimes:
A case becomes federal when:
- It occurs on federal property (military bases, post offices, etc.)
- It involves a federal official or agency
- It crosses state lines (like trafficking or kidnapping)
- It violates federal immigration, weapons, or security laws
✅ Examples of automatic federal crimes:
- Counterfeiting U.S. currency
- Robbing a federally insured bank
- Cybercrime that affects victims in multiple states
- Threatening the President
- Crimes committed on Indian reservations or other federal land
📊 Did you know? The U.S. Department of Justice prosecuted over 65,000 federal criminal cases in 2022, many involving drug trafficking, firearms, or white-collar crimes.
👨⚖️ Who Investigates and Prosecutes These Cases?
| Feature | Florida State Court | Federal Court |
|---|---|---|
| Who Investigates | Local police, sheriff's office | FBI, DEA, ATF, ICE, other federal agencies |
| Who prosecutes | State Attorney's Office | U.S. Attorney's Office (AUSA) |
| Court System | Circuit or County Court | U.S. District Court |
| Judges | Elected | Appointed by the President |
| Grand Jury | Optional for Felonies | Required for most felonies |
| Sentencing Guidelines | More Flexible | Strict, with mandatory minimums |
| Facility | County jail or state prison | Federal prison |
| Probation Availability | Common | Limited or rare, especially for felonies |
⚠️ Why Federal Sentencing Is So Much Harsher
Even when the underlying crime is similar, federal charges usually lead to:
- 🚨 Longer prison sentences
- 📉 Fewer chances for probation or diversion
- 📕 Mandatory minimums with limited judicial flexibility
For example:
A drug trafficking case that carries a 5-year sentence in state court might trigger a 10-year mandatory minimum in federal court due to quantity or prior record.
🔄 Can You Be Charged in Both Systems?
es. Thanks to the “dual sovereignty doctrine,” the state and federal governments can each prosecute the same conduct without violating double jeopardy protections under the Fifth Amendment.
🔁 This means:
- You can be acquitted in state court and still face federal charges
- It’s rare—but absolutely legal
📞 Unsure Which System Applies? Call Michael White, P.A.
Whether you’re being prosecuted in Broward County or investigated by a federal agency, early legal intervention is critical.
We help clients:
- Understand which court has jurisdiction
- Suppress illegally obtained evidence
- Navigate complex federal sentencing guidelines
- Build a strong trial or pre-trial defense strategy
📲 Call (954) 787-3092 or schedule a free consultation today.
💬 Frequently Asked Questions: Federal vs. State Crimes in Florida
Q1: What’s the difference between state and federal crimes in Florida?
A: State crimes are prosecuted by Florida’s State Attorney’s Office in circuit or county court. Federal crimes are prosecuted by U.S. Attorneys in U.S. District Court and typically involve federal property, interstate activity, or federal law violations.
Q2: Can a crime be charged by both the state and federal government?
A: Yes. Under the “dual sovereignty” doctrine, both the State of Florida and the U.S. government can prosecute the same act under their separate laws without violating double jeopardy.
Q3: Why are federal penalties usually more severe?
A: Federal sentencing guidelines are stricter and include mandatory minimums. Federal judges also have limited discretion for probation or diversion—especially for felony charges.
Q4: Do all federal felony cases require a grand jury?
A: Most do. In contrast, grand juries are optional in Florida state felony cases. Federal prosecutors usually present felony cases to a grand jury for indictment.
Q5: Who investigates federal crimes in Florida?
A: Federal agencies such as the FBI, DEA, ATF, ICE, and Homeland Security investigate federal crimes, while state cases are typically handled by local police or sheriff’s departments. grand juries are optional in Florida state felony cases. Federal prosecutors usually present felony cases to a grand jury for indictment.
