Federal vs. State Crimes in Tennessee
Criminal charges at the state level are based on violations of Tennessee’s laws, while criminal charges at the federal level are based on violations of the federal government’s laws. Federal charges pertain to legal concerns that affect the nation at large, including national security and interstate commerce, as well as crimes like fraud or drug trafficking that are broader in scope.
While federal crimes generally carry harsher consequences, any kind of criminal charge is a serious matter that can lead to serious fines, penalties, and social consequences, which makes working closely with an experienced Nashville criminal defense lawyer from the outset a good choice.
State Criminal Charges
The State of Tennessee has a wide range of criminal charges on the books, and some of the most common include all the following:
- Assault
- Domestic Violence
- Drug Charges
- DUI
- Theft
- Sex Crimes
- Probation Violations
When Federal Charges Are Likely to Apply
While the State of Tennessee prosecutes state charges, the federal government prosecutes federal charges. When the criminal act in question was committed on federal land, against a federal officer, involved crossing a state line, or was in direct violation of federal law, federal charges can be levied.
Cases when federal charges are most likely to apply include all the following:
- Kidnapping charges that involve crossing state lines
- Healthcare fraud
- Insider trading and other forms of financial fraud
- Banking violations
- Criminal conspiracies
- Drug or weapons violations that cross state lines, such as trafficking
Judicial Procedures
The State of Tennessee and the Federal Government have separate courts that employ distinct judicial procedures. This includes having separate judges and prosecuting attorneys and implementing distinct rules of procedure. All federal courts follow the Federal Rules of Criminal Procedure, while Tennessee has its own unique set of rules that are determined at the state level.
In the Event Both State and Federal Charges Apply
When the federal government and the State of Tennessee are both in a position to bring a criminal charge, there is a Supremacy Clause that applies. This tends to affect serious matters, such as high-level drug operations, and the Clause grants higher priority to the federal government, which has the option of either trying the defendant in federal court or allowing them to be tried at the state level.
It should also be noted that both state and federal charges can be brought in relation to the same crime without the matter of double jeopardy applying. This relates to the fact that states and the federal government are separate sovereignties, which means they can each bring charges when they have cause to do so.
Call an Experienced Nashville Criminal Defense Lawyer Today
Whether you’re facing a state or federal charge, Andrew Beasley at Andrew C. Beasley, PLLC, is a focused Nashville criminal defense attorney with a wealth of experience helping clients like you prevail with advantageous case resolutions, and he’s on your side. Learn more about what we can do to help by contacting us online or calling us at 615-846-9889 today.