12 Apr Federal vs. State Laws: What the Difference Means in a Criminal Case
In the United States, the federal government has a blanket set of laws that apply to everyone, including visitors of the country. While federal laws are in effect for the entire country, each state has the power to create its own set of penal codes. State laws must be followed by residents of the state as well as visitors. If you are ever charged with a crime in Arizona, odds are it is for violating a state law.
The Difference Between Federal and State Laws
The difference between these two types of laws lies in who makes the laws and who can investigate or prosecute violations. Typically, state laws mirror federal laws. But every state can set its own additional laws as well.
Federal Laws
Federal laws apply throughout the nation as a whole. This includes all the states as well as the District of Columbia and other U.S. territories. These laws start as bills that must pass the House of Representatives as well as Congress before they can be signed into law by the president. Precedents may be set by federal and Supreme Court decisions.
Federal laws often pertain to things like:
- Immigration
- Bankruptcy
- Social Security
- Taxes
Violations of federal law can be reviewed by entities like the FBI, ICE, or DEA, and their cases are taken in federal court. Conviction of a federal crime can have severe consequences. It can include incarceration in a federal prison, hefty fines, and the loss of a large number of rights.
State Laws
State laws, unlike federal ones, are only in effect within the specific state. They apply to the residents of the state and to anyone who is visiting. While the states have considerable power to add rights, they cannot limit a person’s rights. If there is a federal law protecting certain rights, the state must comply.
A good example of this is the federal minimum wage. A state can set a higher rate for minimum wage, but never a lower one. Another example is the possession of marijuana. While this is illegal at the federal level, states can grant their citizens the right to use and possess it.
Violations of state laws are investigated by local law enforcement and taken up with the district courts. Consequences for a conviction at the state level can lead to incarceration or probation, as well as fines, fees, and restitution.
So Which One Do You Follow?
Federal law takes priority over state laws. If there is a conflict over which set of laws to follow, the federal version of the law typically wins. But that does not mean you can ignore state laws. Violating a state’s law will lead to severe consequences.
Certified Criminal Defense Lawyer in Arizona
If you are facing criminal charges for violating Arizona state laws, you need a dedicated lawyer on your side. Criminal charges—especially felony charges—can have very serious consequences. A conviction could impact your social life, your freedom, and your finances.
Todd Coolidge has over 25 years of successful experience defending criminal cases in Arizona. If you have been accused of violating state law, contact us to schedule a consultation.
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