Federal vs. State
Federal vs. State Criminal Charges in California
Who brings the charges, which court hears the case, and how sentencing differs between the federal system and California state courts.
In California, the same conduct can sometimes be charged in state court, federal court, or both. The two systems have different rules, different courts, and different approaches to sentencing. This article explains the main differences in general terms.
This article is informational only. It is not legal advice, and reading it does not create an attorney-client relationship. The law changes and every situation is different. Talk with a lawyer about the specific facts of your case.
Who prosecutes the case
State charges in California are brought by a county District Attorney under California law. Federal charges are brought by a United States Attorney's Office under federal law. The agencies that investigate also differ - local and state agencies on one side, and federal agencies such as the FBI, DEA, IRS, or HSI on the other.
Where the case is heard
State cases are heard in California Superior Court for the county where the charges are filed. Federal cases are heard in a United States District Court. Much of Southern California falls within the Central District of California, one of the busiest federal districts in the country.
Different rules and procedures
Each system has its own procedural rules, discovery practices, and pretrial timelines. Federal practice is governed by the Federal Rules of Criminal Procedure; California practice follows the state Penal Code and California's rules. Lawyers handling federal matters are admitted to practice before the federal court.
How sentencing differs
Sentencing is one of the sharpest contrasts between the systems:
- Federal sentences are guided by the advisory U.S. Sentencing Guidelines and the factors in 18 U.S.C. § 3553(a).
- California sentences follow the Penal Code, with structured terms and a separate set of credits and programs.
- The availability and calculation of custody credits differ between the systems.
Why the distinction shapes a defense
Because the forum affects procedure, potential exposure, and strategy, identifying whether a matter is federal or state - and which court will hear it - is one of the first steps in understanding a case. Some conduct can draw the attention of both systems, which raises additional considerations worth discussing with counsel.
Authoritative sources
Facing a federal investigation or serious charges?
Speak directly with George G. Mgdesyan about your situation. Consultations are confidential, and the sooner you call, the more can often be done.