Differences Between Federal and State Crimes in New Jersey

Federal crimes are illegal nationwide and are prosecuted in the local federal district court. State crimes are unlawful only in New Jersey and are charged in either the local superior or municipal courts. Although state and federal criminal offenses can overlap, federal charges are often more serious than state charges. They frequently indicate you’ve been implicated in an interstate criminal investigation and carry mandatory minimum sentences.

If you’ve been charged with a crime in New Jersey, immediately contact experienced criminal defense attorney Peter Katz. We handle all types of federal charges and can fight for the best result in your case.

Triggering Federal Criminal Jurisdiction in New Jersey

To be charged with a federal crime, prosecutors must prove that you meet the offense’s jurisdictional requirements. This generally means you committed a crime against a federal entity, the United States, or the offense crossed state or international borders. The most common federal offenses charged in the New Jersey district court include the following:

• Drug trafficking
• Wire fraud
• Tax evasion
• Identity theft
• Medicaid/Medicare fraud
• Money laundering
• Possessing/transmitting child pornography 
• Environmental crimes
• Unlawful firearms possession
• Immigration offenses
• Customs fraud
• Human trafficking

Most white-collar crimes involve federal entities and securities violations, while single-incident robbery and theft offenses are generally charged in New Jersey state court.

Crimes Charged in NJ Superior and Municipal Courts

Most federal crimes are also state crimes, but the U.S. attorney’s office typically has first rights to file federal charges. Any crime not chargeable in federal court can generally be charged in New Jersey state court. These commonly include trespassing, harassment, sexual assault, domestic violence, theft, drunk driving, minor drug offenses, manslaughter, and murder.

Even though federal charges often carry heavier penalties, first-degree felonies such as rape and murder are more often charged in state court. Always take state charges seriously in New Jersey, as they could carry life sentences.

Defending Against Federal v. State Crimes

Generally, federal law enforcement agencies are more well-funded than their state counterparts. Federal judges and prosecutors also have lighter caseloads than their New Jersey counterparts. As such, U.S. attorneys have higher conviction rates and the resources necessary to pursue significant interstate charges.

It can take significantly longer to obtain favorable plea deals in federal cases, which is critical if your offense carries a mandatory minimum sentence. Offenses with compulsory jail time require the judge to sentence you to federal prison. Further, federal prosecutors will pursue asset forfeiture and place convicted felons on supervised release. You need an experienced federal criminal defense lawyer to handle indictments from the United States District Court, including challenging the charges on jurisdictional and constitutional grounds.

Your Federal Criminal Defense Attorney in New Jersey 

With over 30 years of experience, attorney Peter Katz has served as both a federal and state prosecutor. He knows what it’s like on the inside and is in the best position to defend clients charged with serious federal offenses in New Jersey. Schedule a confidential defense consultation with our legal team immediately by calling (609) 849-3179 or connecting with them online.