Alexandria, VA criminal defense attorney Chris Leibig talks about how federal crimes are different from state crimes. He explains that many offenses can be prosecuted under either federal or state law. For example, nearly any drug or fraud case could fall under federal jurisdiction, depending on the circumstances. However, the vast majority of criminal cases in the United States are handled in state court. As a general pattern, the more serious cases—such as those involving larger sums of money, significant drug quantities, or organized operations—tend to be prosecuted by the U.S. Attorney’s Office, though exceptions exist. Certain internet-related crimes may also fall under federal jurisdiction. Violent crimes like murder and rape are typically prosecuted at the state level unless they occur on federal property.

While federal and state courts operate under a similar basic structure, he notes that there are important differences. Federal courts are more formal, the applicable laws and rules differ, and the negotiation of cases—including plea agreements—is distinct. Federal penalties are often higher, and the incentives to plead guilty are more pronounced. Pleading guilty in federal court frequently results in substantially reduced sentences, whereas going to trial can carry much higher risks. In contrast, while state courts may also offer plea incentives, the disparity is generally less stark.

He points out that federal prosecutors and investigative agencies, such as the FBI, often exercise significant leverage. Federal cases are typically brought only after thorough investigation, meaning the government usually has strong evidence before filing charges. In state court, by contrast, cases are sometimes initiated immediately after an arrest, and evidence may be less developed, resulting in a wider range of case strengths.

As a result, there are fewer trials in federal court, but the complexity and intensity of the work remain high. He emphasizes that achieving the right outcome requires careful strategy and advocacy to ensure the client’s interests are effectively represented.