Posted on Wednesday, August 21st, 2024 at 7:59 pm
If you’ve been arrested on suspicion of a crime in Ohio, one of the first things you need to understand is whether you’re facing federal or state charges. The difference can significantly impact your case strategy and potential outcomes. The distinctions between these two types of charges affect everything from the investigating agencies to the court system that will try your case and even the possible penalties you could face if convicted.
What Constitutes a Federal Charge?
Federal charges are crimes that violate U.S. federal laws, which are enacted by Congress and apply to all 50 states. These charges are typically more severe and carry harsher penalties than state charges. Some common examples of federal offense include:
- Aggravated assault of a federal agent
- Counterfeiting
- Crimes committed on federal property or against the federal government
- Drug trafficking across state lines
- Interstate human trafficking
- Illegal immigration
- Mail and wire fraud
- War crimes
- Weapons trafficking
- White-collar financial crimes
U.S. Attorneys prosecute these charges in federal courts. Ohio has two federal courts: the U.S. District Court for the Southern District of Ohio and the U.S. District Court for the Northern District of Ohio.
What Defines a State Charge?
On the other hand, state charges involve violations of Ohio state laws. These laws are specific to Ohio and may differ from laws in other states. Examples of crimes that can lead to state charges in Ohio include:
- Assault and battery
- Burglary
- Grand theft auto
- DUI/OVI
- Drug possession
- Domestic violence
- Kidnapping and extortion
- Homicide
- Rape
County and city prosecutors pursue state charges in Ohio state courts, which include municipal courts, county courts, and courts of common pleas.
The Differences Between Federal and State Charges
How to know if it is a state or federal charge? Here are some key differences between federal and state charges.
Jurisdiction and Law Enforcement
Federal agencies, such as the FBI, DEA, or ATF, investigate federal charges. Local police departments or the Ohio State Highway Patrol typically handle state charges.
Prosecution and Courts
Federal prosecutors, or U.S. Attorneys, handle federal cases in federal courts. State prosecutors work in state courts. The procedures, rules of evidence, and overall process can vary significantly between these two systems.
There are three levels of Ohio state courts: trial, appellate, and the Ohio Supreme Court. Trial Courts are subdivided into municipal, county, and common pleas courts. Municipal and county courts primarily hear civil cases. Common pleas courts hear criminal cases. The Court of Appeals is the intermediate appellate court, which hears appeals of the trial courts’ cases. Ohio has 12 appellate districts, each with a Court of Appeals. The Ohio Supreme Court is the “court of last resort” in Ohio.
Federal courts are divided into three levels: the U.S. District Courts, the Circuit Courts of Appeals, and the U.S. Supreme Court. Ohio has two U.S. District Courts— the Southern District of Ohio and the Northern District of Ohio. The U.S. Courts of Appeals are divided into 12 Circuit Courts with regional jurisdiction. Ohio is under the sixth circuit, with its headquarters in Cincinnati. The U.S. Supreme Court is the highest court in the country.
Penalties and Sentencing
Federal charges generally carry more severe penalties than state charges. Federal sentencing guidelines are often stricter, with mandatory minimum sentences for many offenses. State charges in Ohio typically have more flexibility in sentencing, depending on the specific crime and circumstances.
Resources and Scope
Federal cases often involve more extensive investigations and resources. They frequently span multiple states or even have an international scope. State cases are localized and often involve more limited investigative resources.
When Can a Crime Be Both a Federal and State Charge?
Sometimes, a single criminal act can violate federal and state laws. This can lead to “dual sovereignty,” which gives the federal government and the state of Ohio jurisdiction over the same crime. Dual sovereignty could apply to cases involving:
- Large-scale drug operations
- Certain firearms offenses
- Identity theft
- Some types of fraud
The Impact on Your Defense Strategy
Whether you’re facing federal or state charges can significantly impact your defense strategy. At Moermond & Mulligan, LLC, we approach each case with a tailored defense plan based on the specific jurisdiction and charges you’re facing.
Defending Against Federal Charges
Federal cases often require a different approach due to their complexity and the resources of federal prosecutors. Our attorneys have extensive experience in federal courts and understand the nuances of federal criminal defense cases. In federal cases, we focus on:
- Thorough investigation and evidence analysis
- Challenging the constitutionality of searches and seizures
- Negotiating with federal prosecutors for reduced charges or plea agreements
- Navigating complex federal sentencing guidelines
Defending Against State Charges in Ohio
While state charges often carry less severe penalties, they still call for a robust defense. Our defense strategies for state charges in Ohio typically include:
- Leveraging our relationships with local prosecutors and judges
- Citing Ohio-specific laws and precedents in your favor
- Exploring alternative sentencing options and diversion programs
- Aggressively challenging the prosecution’s evidence and witness testimony
The Importance of Experienced Legal Representation
Whether you’re facing federal or state charges in Ohio, having a knowledgeable and experienced criminal defense attorney is crucial. At Moermond & Mulligan, LLC, our team brings over 50 years of combined experience in federal and state courts. We understand the intricacies of both systems and how to build the strongest possible defense for our clients.
Our founding attorney, L. Patrick Mulligan, is a board-certified specialist in criminal law, a distinction held by only a small percentage of lawyers. This certification and our team’s extensive trial experience give us unique insights into federal and state defense strategies.
Contact Moermond & Mulligan, LLC for Your Federal or State Criminal Defense
If you’re facing federal or state charges in Ohio, don’t leave your future to chance. The experienced attorneys at Moermond & Mulligan, LLC are here to help you and fight for your rights and freedom. We have the legal knowledge and proven track record of success to take your case. Call us today at (513) 421-9790 for a free, confidential consultation with one of our skilled Cincinnati criminal defense lawyers.