{"id":372166,"date":"2016-03-31T21:34:44","date_gmt":"2016-04-01T02:34:44","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/criminal-laws.html"},"modified":"2026-05-04T10:59:52","modified_gmt":"2026-05-04T15:59:52","slug":"criminal-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/criminal-laws.html","title":{"rendered":"State Criminal Law"},"content":{"rendered":"\n
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\n \n State Criminal Law\n <\/h1>\n \n State and federal laws regulate criminal prosecutions, though most cases occur at the state level. Each state defines criminal conduct and establishes penalties through its own unique criminal code.\n <\/p>\n <\/div>\n<\/div>\n\n\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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State <\/span>criminal law<\/span> defines criminal conduct and establishes penalties for violations within each state’s jurisdiction. Each state creates its own criminal code<\/span> that governs most criminal prosecutions in the United States. While some cases do call for federal charges, the vast majority of criminal cases<\/span> are handled at the state level.<\/p>\n

Understanding your state’s criminal laws<\/span> is essential if you’re facing charges or involved in a criminal case<\/span>. Here, we’ll briefly discuss these laws and provide links to helpful FindLaw resources. If you’re dealing with a criminal case<\/span>, you should contact a local criminal defense<\/span> lawyer<\/a> for help.<\/p>\n

State-Level Criminal Charges<\/span><\/h2>\n

For most people interacting with the criminal justice system<\/span>, charges will come from a state-level prosecutor. State prosecutors (often called district attorneys<\/span> or state’s attorneys) handle cases ranging from minor misdemeanors<\/span> like shoplifting to serious felonies<\/span> like murder.<\/p>\n

State legislatures pass laws defining what behavior constitutes a crime and establishing punishment ranges. State courts<\/span> then interpret these laws when deciding cases. Each state has complete authority to create its own criminal code<\/span>, which is why you’ll find significant variations in criminal laws<\/span> across the country.<\/p>\n

Some acts may be crimes in one state but not another. For example, marijuana possession<\/a> remains illegal under federal law<\/span>, but many states have decriminalized or legalized<\/a> it for medical or recreational use. Similarly, gambling laws<\/a> and gun regulations<\/a> vary considerably from state to state.<\/p>\n

How Does State <\/span>Criminal Law<\/span> Differ from Federal Criminal Law<\/span>?<\/h2>\n

The primary difference between state and federal criminal law<\/span> lies in jurisdiction, meaning the authority to prosecute a particular crime.<\/p>\n

State <\/span>criminal law<\/span> applies to crimes committed within a state’s boundaries. Most people who face criminal charges<\/span> will be charged under state law<\/span>. States have broad police powers to protect the health, safety, and welfare of their residents, giving them wide latitude to define and prosecute criminal conduct.<\/p>\n

Federal criminal law<\/span> applies to crimes that:<\/p>\n