Felonies can be state crimes, federal crimes, or both at once. Whether a particular felony is state or federal depends on which law the conduct violated and where it happened, not on how serious the offense is. The United States runs two parallel justice systems, each with its own criminal code, prosecutors, courts, and prisons, and the vast majority of felony cases in the country move through state court.
What Makes a Felony State or Federal
A state felony is a serious crime that violates a statute passed by a state legislature. Every state writes its own criminal code, so the definition of a felony and the punishment attached to it vary from one state to the next. Common state felonies include assault, burglary, robbery, arson, and the vast majority of murders. These offenses typically happen entirely within one state’s borders and don’t touch any federal interest, so there is no basis for federal jurisdiction.
A federal felony is a crime that violates a statute passed by Congress. Federal courts draw their authority from Article III of the U.S. Constitution and handle a much narrower slice of criminal cases than state courts do.1Legal Information Institute. Article III U.S. Constitution Federal jurisdiction most commonly attaches when the conduct crosses state lines, happens on federal property, targets a federal officer or agency, or involves a system of national importance like the mail, the tax code, or federally insured banks.2Federal Judicial Center. Jurisdiction Criminal Tax evasion, mail fraud, counterfeiting U.S. currency, drug trafficking across state or international borders, and certain firearms offenses are typical examples.3Federal Bureau of Investigation. A Brief Description of the Federal Criminal Justice Process
Under federal law, any offense punishable by more than one year in prison qualifies as a felony. Anything at one year or below is a misdemeanor or infraction.4Office of the Law Revision Counsel. 18 USC 3559 – Sentencing Classification of Offenses States use their own classification systems, some by degree, some by lettered class, some by unique labels. A “Class B felony” or “second-degree felony” tells you where the offense sits on that state’s severity scale, but you have to check the specific state’s code to know the sentencing range.
When the Same Act Is Both
A single criminal act can break state and federal law at the same time. Bank robbery is the textbook example: robbing a bank violates the state’s robbery statute, and if the bank’s deposits are federally insured, it also violates federal law.5Office of the Law Revision Counsel. 18 USC 2113 – Bank Robbery and Incidental Crimes When that happens, both governments have authority to prosecute.
This is allowed under the dual sovereignty doctrine. Because state and federal governments are separate sovereigns with separate laws, prosecuting someone in both systems is not treated as being tried twice for the same offense. The Supreme Court reaffirmed the doctrine in a 7–2 decision in 2019, holding that “where there are two sovereigns, there are two laws, and two ‘offences.'”6Legal Information Institute. Gamble v. United States The Fifth Amendment’s double jeopardy clause does not bar back-to-back state and federal prosecutions for the same conduct.7Legal Information Institute. Separate Sovereigns Doctrine
In practice, dual prosecutions are uncommon. The Department of Justice maintains an internal rule, sometimes called the Petite Policy, that generally discourages federal prosecutors from charging someone the state has already prosecuted for the same act. Federal prosecutors need approval from senior DOJ leadership to proceed anyway. The legal power exists; the government usually holds back.
One narrow twist: if a crime is committed on federal land and no federal statute covers that specific conduct, the federal government can borrow the surrounding state’s law and prosecute it in federal court under the Assimilative Crimes Act.8Office of the Law Revision Counsel. 18 U.S. Code 13 – Laws of States Adopted for Areas Within Federal Jurisdiction The punishment mirrors what the state would impose.
Why the Distinction Matters
Which system handles a felony affects who investigates, how charges are filed, how the sentence is calculated, and where the time is served.
Who Investigates and Prosecutes
State felonies are investigated by local police or state law enforcement and prosecuted by county or district attorneys. Federal felonies are investigated by federal agencies with their own jurisdictions: the FBI on terrorism and organized crime, the Secret Service on counterfeiting, the DEA on drug trafficking, and so on. Federal cases are prosecuted by Assistant U.S. Attorneys within the Department of Justice.3Federal Bureau of Investigation. A Brief Description of the Federal Criminal Justice Process
How Charges Are Filed
The Fifth Amendment requires that federal felony prosecutions begin with a grand jury indictment. A grand jury is a group of citizens who review the government’s evidence and decide whether there’s enough to justify formal charges.9Legal Information Institute. Grand Jury Clause Doctrine and Practice That requirement does not bind the states. The Supreme Court held more than a century ago that the grand jury clause applies only to the federal government.10Congress.gov. The Federal Grand Jury In most states, a prosecutor can bring felony charges by filing an information or a complaint, with no grand jury review at all.
Sentencing
Federal judges must consult the Federal Sentencing Guidelines, which assign a recommended range based on the offense and the defendant’s criminal history.11United States Sentencing Commission. Federal Sentencing The Basics Since the Supreme Court’s 2005 decision in United States v. Booker, the guidelines are advisory rather than mandatory, so judges consider them but can deviate.12Justia Law. United States v. Booker 543 U.S. 220 (2005) Even so, federal sentences tend to run longer than state sentences for comparable conduct, partly because many federal statutes carry mandatory minimums that remove judicial discretion. State sentencing is all over the map: some states use guidelines, others give judges wide latitude within a statutory range.
No Federal Parole
Congress abolished parole for federal crimes committed after November 1, 1987.13U.S. Department of Justice. United States Parole Commission The federal system uses supervised release instead, a monitoring period that starts after prison rather than replacing part of the sentence. Violating its conditions can send you back inside.14GovInfo. 18 USC 3583 – Inclusion of a Term of Supervised Release After Imprisonment Most states still run traditional parole systems, where inmates can be released early under supervision. The practical result is that a federal defendant generally serves a larger percentage of the imposed sentence than a state defendant convicted of a similar crime.
Where the Time Is Served
State felony sentences are served in state prisons run by the state’s department of corrections. Federal felony sentences are served in facilities operated by the Federal Bureau of Prisons. These are separate systems with their own facilities, rules, and administrative structures.15Bureau of Justice Statistics. Correctional Institutions
Deadline to Charge
For federal felonies that don’t carry the death penalty, the general statute of limitations is five years from the date of the offense.16Office of the Law Revision Counsel. 18 U.S. Code 3282 – Offenses Not Capital Specific federal statutes can set longer windows, and capital offenses have no time limit. State limitations periods vary widely. Most states allow murder prosecutions at any time, other serious felonies often have extended windows, and less serious felonies may have deadlines as short as two or three years.
Consequences That Follow Either Kind of Conviction
Some post-conviction restrictions apply regardless of whether the felony was state or federal. Others depend directly on that distinction.
Firearms. Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing any firearm or ammunition, whether the conviction happened in state or federal court.17Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The statute looks at the potential punishment, not the sentence actually imposed, so the ban can apply even if you served no time.
Voting. Voting restrictions after a felony conviction are set entirely by state law and vary dramatically. Two states never revoke voting rights. Most strip them during incarceration and restore them at some point after release. A handful impose permanent disenfranchisement for certain offenses unless the governor grants clemency.
Pardons and expungement. This is where the state-versus-federal line matters most after conviction. The President’s pardon power covers only federal offenses. State governors or state pardon boards handle clemency for state convictions. The President cannot pardon a state crime, and a governor cannot pardon a federal one.18Congress.gov. Overview of Pardon Power Expungement is far more available for state convictions than federal ones. Many states let you seal or expunge certain felony records after a waiting period. Federal expungement is essentially unavailable for adult felony convictions except in extremely narrow circumstances. Even when a state grants expungement, the federal record of the conviction may persist and surface during background checks for federal employment, immigration benefits, or security clearances.