Facing Charges in Both State and Federal Court in New York

Yes, you can be charged with the same (or similar) crime in both federal and state court. This does not violate the Double Jeopardy clause of the United States Constitution. These dual-jurisdiction cases often arise if you’re accused of committing multiple offenses during the same event or defrauding both the U.S. government and the State of New York.

If federal law enforcement officials are investigating you, immediately contact experienced federal criminal defense lawyer Peter Katz. With over 30 years of experience in criminal law, including as both a federal and state prosecutor, working with his dedicated defense team is the best way to avoid significant double penalties.

Double Jeopardy Does Not Apply to Different Jurisdictions

The Fifth Amendment to the United States Constitution clearly states that you cannot be ‘put in jeopardy of life or limb’ twice for the same offense. This clause applies to federal felony and misdemeanor charges in New York. However, you can be retried for the same offense if there was a mistrial. More importantly, the clause does not cross jurisdictions. This means you can be tried for the same offense in New York state court and federal district court.

New York Crimes Commonly Triggering Both Federal and State Jurisdiction

Because New York is a major port of entry and the nation’s financial center, the following crimes often overlap jurisdictions:

• Securities fraud
• Customs fraud
• Human trafficking
• Drug dealing and transportation
• Healthcare fraud
• Organized crime

Serious state crimes – including rape, armed robbery, and murder – generally do not trigger federal jurisdiction unless the offender crossed state lines.

Understanding Federal Supremacy for Dual Criminal Charges in NY

Dual federal and state charges most often arise in white-collar cases. For example, securities fraud on the New York Stock Exchange violates both federal securities laws and constitutes a state financial crime. Both NYC prosecutors and the U.S. attorney’s office have a vested interest in prosecuting these cases, especially if it means obtaining valuable asset forfeitures. So, who prevails?

Under the Supremacy Clause, federal law prevails when both state and federal prosecutors have jurisdiction over the case. Handing the initial case over to state prosecutors is a matter of discretion between attorneys. If state law is more favorable to your case, you should work with a private criminal defense attorney who understands how these matters are handled internally. Failing to work with both federal and state prosecutors now may result in double charges, where you’re required to serve federal time upon conviction and then subject to a state trial after your release.

Call an Experienced Federal Criminal Defense Attorney for New York

Despite constitutional protections, you can be charged, tried, and imprisoned for the same offense in both federal and state courts. How NY prosecutors handle overlapping jurisdiction is highly subjective and often depends on the relationship between the U.S. attorneys and their state counterparts.

Don’t trust just any criminal defense lawyer if you’re subject to charges in multiple courts. Trust former federal and state prosecutor Peter Katz. Call (609) 849-3179 or connect with his New York office online immediately.