Federal Crimes, Tempe (Arizona) - Palmisano Law

If you are charged with a crime in Arizona, it is most likely that it will be considered a state crime. There are some cases however, when a crime is no longer a crime against the state, but a crime against the country. These cases are called federal crimes and they are serious infractions that are handled in Federal court. Being found guilty of a federal crime will most likely result in time served in a federal penitentiary.

For the most part, the Constitution of the United States grants states the right to make their own decisions concerning how they govern themselves. This guarantees each state independence and self sufficiency. There is also a supremacy clause written into the Constitution, It says in cases where federal and state law are applicable to the crime and they contradict, federal law usually wins. Basically, state law takes precedence, unless there is an applicable federal law. In addition, when state laws contradict federal law it can be found unconstitutional by the United States Supreme Court.

Another clause in the state versus criminal law scenario is the Federal Interstate Commerce clause. This clause helps regulate criminal law that spans multiple states. Some familiar examples of this are crimes concerning telephones, United States Mail and air travel. It also gives the federal government jurisdiction over crimes that cross state lines. In many cases this helps prevent confusion over which state should press charges.

There are certain areas of criminal law that are always considered under federal jurisdiction no matter where the crime takes place. Counterfeiting is a good example of this. Since money is issued by the Federal Government and not individual states, the creation of counterfeit money would be a crime against the country, not the State.

Other examples of local crimes that would require federal jurisdiction include matters of national security, crimes against the military, crimes at or against the Post Office, and federal financial crimes such as taxes or benefit entitlement programs. If you deface a storefront it may be considered a misdemeanor, whereas if you deface a Post Office it will be classified as a federal crime. Welfare fraud is also considered a federal crime even though funds are administered by the state. This is because the welfare program is a federal program.
In some situations, crimes that would normally be considered federal crimes are prosecuted as state crimes and those that would be considered state crimes are prosecuted as federal crimes. It really depends on the situation and the decision of the Federal Prosecutor.
If you are arrested for a federal crime in the Phoenix area, it will be handled differently than one that is considered a state crime. One main difference will be the location of the trial. Crimes in Maricopa county are divided into misdemeanor and felonies which are prosecuted at Superior or Justice Courts in Phoenix, Surprise, Mesa, Toileson, Gilbert, and Chandler. Maricopa county Federal crimes are prosecuted at the US District Court in Phoenix.
Federal crimes are also separated into misdemeanors and felonies, but unlike in Arizona law, they are only prosecuted in one location. The cases are investigated by the Federal Bureau of Investigations, Drug Enforcement Agency and customs officials in cooperation with local and state police. Federal judges are also assisted by Magistrates who manage portions of the hearing.
Knowing whether or not a criminal charge will be considered federal or state can sometimes be tricky. If you are in Maricopa county and are charged with a crime and are confused about this process, give our office a call. We serve the entire county including Mesa, Chandler, Tempe, Gilbert, and Phoenix.