Federal Criminal Law Vs. Texas Criminal Law
As a Texan, you’re probably familiar with some of the state’s criminal laws. However, you may not know much about federal criminal laws or how they differ from the law in Texas. Let’s explore the differences between these two types of laws, their jurisdiction, and their penalties.
What are Criminal Laws?
Criminal laws are legal codes that define what actions are considered crimes and establish the penalties for committing those crimes. These laws are enforced by the government via various police agencies. Violators are subject to legal sanctions such as imprisonment, fines, and probation. Criminal laws are categorized into two types: misdemeanor and felony criminal offenses.
What are Federal Criminal Laws?
Federal criminal laws are enacted by the United States Congress. These laws are enforced by federal law enforcement agencies such as the Federal Bureau of Investigation (FBI) the Drug Enforcement Administration (DEA), and others. These laws cover crimes that occur across state lines or involve federal property, federal employees, or federal funds.
Examples of federal crimes include:
- Tax evasion
- Bank robbery
- Drug trafficking
- Counterfeiting
- Immigration offenses
- Securities fraud
- Identity theft
- Child pornography
Because federal criminal laws are applicable throughout the entire United States, they take precedence over state cases where they conflict. The penalties for violating federal criminal laws can be severe, including lengthy prison sentences and large fines.
What are Texas Criminal Laws?
Texas criminal laws are enacted by the Texas Legislature and enforced by state law enforcement agencies such as the Texas Department of Public Safety (DPS) and local police departments. These laws cover crimes that occur within the state of Texas as opposed to the nationwide grasp of Federal laws.
Examples of Texas crimes include:
- Assault
- Burglary
- Driving while intoxicated (DWI)
- Theft
- Murder
- Kidnapping
- Robbery
- Sexual assault
Texas criminal laws are enforced in the Texas court system, which includes district, county, and justice of the peace or “JP” courts. The penalties following a guilty verdict in Texas can be severe, ranging from community service and fines to lengthy prison sentences.
How Do Federal and Texas Criminal Laws Differ?
The main difference between federal and Texas criminal laws is their jurisdiction. Federal criminal laws are applicable throughout the entire United States and cover crimes that occur across state lines or involve federal property, federal employees, or federal funds. Texas criminal laws, on the other hand, are only applicable within the state of Texas and cover crimes that occur within its borders.
Another difference between state and federal criminal cases are the penalties associated with guilty findings. Federal criminal laws often carry more severe penalties than state cases. For example, the penalty for drug trafficking under federal law can include a mandatory minimum prison sentence of 10 years, while the penalty for the same crime under Texas law is a prison sentence of up to 99 years.
Additionally, the federal court system is different from the Texas court system. Federal criminal cases are heard in federal courts, which follow federal procedures and rules of evidence. Texas criminal cases are heard in state courts, which follow state procedures and rules of evidence.
In summary, state and federal law define what actions are considered crimes and establish the penalties for committing those crimes. Federal criminal laws are applicable throughout the entire United States and cover crimes that occur across state lines or involve federal property, federal employees, or federal funds. Texas criminal laws, on the other hand, are only applicable within the state of Texas and cover crimes that occur within its borders. While both types of laws have severe penalties for violators, federal criminal laws often carry more severe penalties than Texas criminal laws. Understanding the differences between these two types of laws is essential, especially if you ever find yourself facing criminal charges.
If you’re seeking help with criminal charges in Texas at the state or federal level, we strong recommend consulting with an experienced defense attorney as soon as possible. Information contained on this website should not be construed as legal advice.
