When facing criminal charges, one of the first things an individual needs to understand is whether they are being charged at the state or federal level. This distinction has significant implications for how the case will proceed, the laws that apply, and the potential consequences. When someone is charged at the federal level, they are facing an entirely different form of prosecution than if the Ohio justice system charged them.
If you have been charged with a federal crime, it is incredibly important to hire a criminal defense attorney experienced in federal law. There are processes and nuances to federal cases that are not the same as a state case, and if a lawyer does not practice federal law regularly, they will typically not be a good fit for your case. At Joslyn Law Firm, we have experience litigating both state and federal cases and have a deep understanding of the federal sentencing guidelines that are applied to every case. If you are facing federal charges, reach out to the experienced federal crimes attorneys near you at the Joslyn Law Firm for a free case evaluation. (614) 444-1900
The Difference Between a Federal Case and a State Case
There are a few primary distinctions between federal and state cases, these lie in what laws that are alleged to have been violated, and how the charges and sentencing work.
State Crimes Vs Federal Crimes
1. State Crimes: These involve violations of state laws. In Ohio, most criminal offenses—such as theft, assault, DUI, and drug possession—fall under state jurisdiction. These cases are prosecuted by county or city prosecutors and are heard in Ohio state courts.
2. Federal Crimes: These involve violations of federal laws, which are established by Congress and apply nationwide. Examples include drug trafficking across state lines, mail fraud, immigration offenses, and crimes committed on federal property. Federal cases are prosecuted by U.S. Attorneys and are heard in federal courts.
While state cases are more common, federal cases tend to involve more severe penalties and resources from federal agencies such as the FBI, DEA, or ATF.
It is also important to understand that the federal justice system does not use a felony and misdemeanor classification to determine sentencing. Instead, the United States government uses a federal sentencing guideline to determine an individual’s sentence for a federal crime, as opposed to a state-level criminal sentencing guideline.
The Federal Sentencing Guideline
There are 43 levels of offense that can be applied to an individual charged with a federal offense. These levels depend on the seriousness of the offense and the individual’s criminal history. When a federal crime is committed, it starts with a base offense level. The more serious the crime, the higher the base. For example, criminal trespass has a base offense level of 4, while kidnapping has a base offense level of 32.
This base level is the starting point for any federal crime. Once that is established, then the prosecutor will attempt to apply adjustments to raise the level of the offense, for example if an individual has obstructed justice it can increase the offense level two points. Likewise, there are factors that can help to reduce the offense level. For example, if it can be shown that the individual was only a minor participant in the offense, it could lead to a reduce of up to four levels.
There are many factors that can lead to adjustments of the offense level. Criminal history, mental health history, or if there is a history of physical abuse are all mitigating factors that can help to reduce the offense level of a federal charge. It is vital to hire a defense attorney near you well versed in the federal sentencing guideline, as they will be able to determine which adjustments they can argue on your behalf as well as make you aware of adjustments that could lead to more severe penalties than the base offense allows.
Difference Between State and Federal Court
Understanding the differences between state and federal court systems is crucial if you’re navigating criminal charges. Here’s a breakdown:
1. Jurisdiction: State courts have broad jurisdiction over criminal and civil matters related to state laws, and are typically broken into the different counties of the state for where an individual will be charged and prosecuted. Federal courts have limited jurisdiction, handling cases involving federal laws, constitutional issues, or disputes between states or citizens of different states.
2. Judges: State court judges are often elected by local voters, although some are appointed. Federal judges are appointed by the President and confirmed by the Senate, serving lifetime terms.
3. Procedures and Rules: State courts follow Ohio’s procedural rules, which vary from one state to another. Federal courts follow the Federal Rules of Criminal Procedure, which are uniform across the country.
4. Resources and Complexity: Federal courts often handle more complex cases, with substantial resources devoted to investigation and prosecution. State courts manage a higher volume of cases, often focusing on offenses with localized impact.
In Ohio, there are two federal court districts that a case could be tried in. At the Joslyn Law Firm, we have experience working in both courts, fighting for our clients rights.
Northern District Court Locations
United States District Court – Northern District of Ohio
Akron
John F. Seiberling Federal Building & U.S. Courthouse
2 South Main Street
Akron, Ohio 44308
(330) 252-6000
Cleveland
Carl B. Stokes U.S. Court House
801 West Superior Avenue
Cleveland, Ohio 44113
(216) 357-7000
Toledo
James M. Ashley and Thomas W. L. Ashley U.S. Courthouse
1716 Spielbusch Avenue
Toledo, Ohio 43604
(419) 213-5500
Youngstown
Thomas D. Lambros Federal Building & US Courthouse
125 Market Street
Youngstown, Ohio 44503
(330) 884-7400
Southern District Court Locations
United States District Court Southern District of Ohio
Cincinnati
Potter Stewart U.S. Courthouse
Room 103
100 East Fifth Street
Cincinnati, Ohio 45202
Email: Clerks_Office@ohsd.uscourts.gov
Columbus
Joseph P. Kinneary U.S. Courthouse
Room 121
85 Marconi Boulevard
Columbus, Ohio 43215
Email: Clerks_Office@ohsd.uscourts.gov
Dayton
Walter H. Rice Federal Building
and U.S. Courthouse RM 712
200 W. Second Street
Dayton, Ohio 45402
Email: Clerks_Office@ohsd.uscourts.gov
Establishing Federal Jurisdiction
Not every case qualifies for federal jurisdiction. For a case to be heard in federal court, it must meet specific criteria. There are a number of ways to establish federal jurisdiction, such as:
- Violation of Federal Law – The most straightforward way to establish federal jurisdiction is if the alleged crime violates federal statutes.
- Interstate or International Activity – Crimes that cross state or national borders, such as human trafficking or wire fraud, often fall under federal jurisdiction.
- Crimes on Federal Property – Offenses committed on federal lands, such as national parks or military bases, are prosecuted in federal court.
- Federal Interest – Cases involving federal agencies, constitutional questions, or significant federal interests—such as terrorism or large-scale drug trafficking—are typically handled in federal court.
Contact An Experienced Federal Criminal Defense Lawyer in Ohio
Whether your case is prosecuted at the state or federal level can significantly impact your defense strategy, potential penalties, and how evidence is handled. Federal cases often involve harsher sentencing guidelines, more extensive investigations, and stricter procedural rules. That’s why it’s essential to work with an experienced criminal defense attorney who understands both state and federal systems.
At The Joslyn Law Firm, we’re equipped to represent clients in both state and federal courts. If you’re facing criminal charges, contact us for a free consultation to ensure your rights are protected and your defense is tailored to the unique circumstances of your case. (614) 444-1900
