Anyone facing criminal charges undoubtedly finds themselves in a very overwhelming situation. That’s why it’s important to understand whether a case is being handled at the state or federal level. 

North Carolina has both state laws and is subject to federal law. Charges at each level will carry out different procedures and will result in different penalties and legal implications. In this article, we will explore what those differences are, we will look at some examples of common charges, and by the end, you will understand why knowing the distinction matters for the legal strategy and outcome of your case. 

State vs. Federal Charges: An Overview

In North Carolina, criminal charges are classified as either state or federal, depending on what the alleged crime is:

• State charges: These are handled in North Carolina state courts and are enforced under NC General Statutes. They include violations of state law – theft, assault, drug possession, DUI, and are prosecuted by district attorneys in local jurisdictions. 
• Federal charges: These are handled in U.S. District Courts, under federal law, and involve violations which cross state lines, involve federal property, or break federal statutes – mail fraud, tax evasion, drug trafficking, and federal firearms offenses. 

One key difference between state and federal charges is that the level of government determines procedures, penalties, and prosecutorial discretion. 

Common Types of State Criminal Charges

State charges in North Carolina are set out in different categories, based on severity: 

• Misdemeanors: These are less serious crimes, such as petty theft, DUI, and simple assault. Penalties include fines, community service, probation, and/or up to 12 months in county jail. 
• Felonies: These are more serious offenses, such as armed robbery, murder, and major drug offenses. They have consequences such as in longer prison sentences, larger fines, and, in some cases, permanent loss of certain civil rights, like voting and firearm ownership. 
• Traffic and regulatory violations: Some of these will be criminal (DUI), others are treated as civil infractions (speeding tickets).

State cases will typically begin in District Court for the preliminary hearing, after which it’s possible for them to move to Superior Court for felony trials. 

Common Types of Federal Criminal Charges

Federal crimes in North Carolina often involve interstate activity or federal statutes:

• White collar crimes, such as tax evasion, wire fraud, embezzlement and bank fraud. 
• Drug offenses, such as trafficking across state lines, or large-scale distribution. 
• Firearms offenses, such as being possession of, or trafficking illegal weapons on federal property or across state lines. 
• Civil rights violations, such as hate crimes, or obstruction of federally protected rights. 

Federal cases are prosecuted by the U.S. Attorney’s Office, and the trials for them happen in U.S. District Courts. The penalties here are significantly more serious than state sentences – there are mandatory minimums, and federal sentencing guidelines often apply. 

Key Differences Between State and Federal Cases

Some of the main distinguishing factors between the two are:

• Who the investigating authority is: For state crimes, it is state police, sheriffs, and local law enforcement who handle them. Federal crimes are handled by FBI, DEA, ATF, and other federal agencies.
• Jurisdictions: State courts will only enforce state law. Federal courts will enforce federal statutes. 
• How sentencing works: Federal judges will often have more rigid sentencing guidelines, whereas state judges have more discretion. 
• Appeals: For state convictions, it’s through NC appellate courts, whereas federal convictions appeal to the U.S. Court of Appeals. 
• The type of legal representation: For example, in federal cases, there is a requirement for attorneys familiar with federal procedures. That is due to complexity and potential penalties. 

Why Is It Important to Know the Difference? 

Understanding if a criminal case is state or federal can greatly impact the outcome of it. For example, the legal strategy for each is different – defense tactics will depend on evidence rules and the governing law. The severity of penalties is also different – federal charges result in longer sentences and stricter guidelines. 

Another important detail is procedural rights – for example, federal cases could involve grand juries and different discovery rules. State and federal prosecutors also have different approaches to negotiation and plea bargains. 

Understanding the different types of criminal charges in North Carolina – whether they are state or federal – is crucial for properly navigating the legal system and protecting your rights. In the case that you or a loved one is facing criminal charges in North Carolina, working with an experienced criminal defense attorney is instrumental in crafting a strategy tailored to your situation, rights, and future. 

At Ryan Willis Law PLLC, we have experience and expertise you can trust, and we are dedicated to helping clients like you every day. Contact us today to get expert guidance – you don’t have to deal with the complexity of the legal system alone.