State Criminal Law

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

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

State-Level Criminal Charges

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

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

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

How Does State Criminal Law Differ from Federal Criminal Law?

The primary difference between state and federal criminal law lies in jurisdiction, meaning the authority to prosecute a particular crime.

State criminal law applies to crimes committed within a state’s boundaries. Most people who face criminal charges will be charged under state law. 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.

Federal criminal law applies to crimes that:

• Violate federal statutes passed by Congress
• Occur on federal property (like national parks or military bases)
• Cross state lines (like kidnapping or drug trafficking)
• Involve federal agencies or officials (like tax evasion or securities fraud)
• Affect interstate commerce

Federal crimes are investigated by federal agencies such as the FBI, DEA, and Secret Service, prosecuted by U.S. Attorneys, and tried in federal courts.

However, state laws must comply with the U.S. Constitution. The Fourteenth Amendment’s due process clause ensures that state criminal laws cannot violate fundamental rights. This means that states cannot create criminal laws that infringe on constitutional protections, such as freedom of speech, the right to bear arms, or protections against unreasonable searches and seizures.

State constitutions may provide additional protections beyond those required by the federal Constitution, but they cannot offer less protection for fundamental rights.

Can a Crime Be Charged in Both State and Federal Court?

Yes, under the “dual sovereignty” doctrine, both state and federal governments can prosecute the same conduct without violating the double jeopardy clause of the Fifth Amendment. This is because state and federal governments are separate sovereigns with independent authority to enforce their own laws.

In most cases, criminal charges are brought in state court. But for many criminal offenses, both state and federal laws outline the elements of the crime and its penalties. Depending on the specific criminal charges, your case may be pending in state or federal court.

For example, bank robbery violates both federal law (because banks are federally insured) and state law (general robbery charges). Prosecutors from both jurisdictions could, in theory, charge the same person. However, this rarely happens due to cooperation between jurisdictions and resource considerations.

When both state and federal jurisdiction exist, prosecutors typically decide which forum is more appropriate based on factors like:

• The severity of the offense
• Available resources
• Sentencing guidelines in each system
• Which jurisdiction can most effectively prosecute the case

Common Types of Crimes

Every state has a penal code, sometimes simply called the “criminal code,” which is a collection of criminal statutes governing hundreds of misdemeanors and felonies. Lawmakers organize these crimes by type. For example, you would typically find theft and larceny under “Property Crimes.” Likewise, you would find such criminal offenses as murder and manslaughter under “Crimes Against the Person.”

Every state has its own way of categorizing these crimes. Generally, however, most crimes fall into one of the following classes:

• Property Crimes (theft, burglary, arson, vandalism)
• Crimes Against the Person (assault, battery, murder, kidnapping)
• Drug Crimes (possession, distribution, manufacturing)
• Sex Crimes (sexual assault, rape, child pornography)
• Crimes Against the Government (perjury, tax evasion, counterfeiting)
• Public Safety Violations (weapons offenses, disorderly conduct, public intoxication)
• Traffic Offenses (DUI/DWI, reckless driving, speeding)

State Criminal Penalties and Sentencing

State criminal penalties vary widely by offense and jurisdiction. States generally classify crimes as either misdemeanors or felonies, with felonies carrying harsher penalties.

Misdemeanors typically result in:

• Up to one year in county jail
• Fines
• Probation
• Community service

Felonies can result in:

• More than one year in state prison
• Substantial fines
• Lengthy probation periods
• Loss of certain civil rights (voting, firearm possession)

Many states use sentencing guidelines that provide judges with ranges for specific offenses. Some states have mandatory minimum sentences for certain crimes, particularly drug offenses and violent crimes. Other states give judges more discretion to consider individual circumstances when imposing sentences.

Factors that may influence sentencing include:

• Prior criminal history
• Whether the crime involved violence or weapons
• The defendant’s role in the offense
• Whether the defendant accepts responsibility
• Any aggravating or mitigating circumstances

State Criminal Procedure

State criminal procedure governs how criminal cases proceed through the justice system. While each state has its own procedural rules, most follow a similar framework:

• Investigation/observation: Law enforcement investigates suspected criminal activity or witnesses a crime
• Arrest: Officers take a suspect into custody based on probable cause
• Charging: Prosecutors decide whether to file formal charges
• Arraignment: The defendant appears in court to hear charges and enter a plea
• Pre-trial proceedings: Including bail hearings, plea negotiations, and motion practice
• Trial: A judge or jury determines guilt or innocence
• Sentencing: If convicted, the court imposes punishment
• Appeals: The defendant may challenge the conviction or sentence

Throughout this process, defendants have constitutional rights including the right to an attorney, the right to remain silent, the right to a speedy trial, and the right to confront witnesses.

Criminal Records and Expungement

A criminal conviction becomes part of your permanent record and can have lasting consequences. Criminal records can affect many aspects of your life, including:

• Employment opportunities
• Housing applications
• Professional licensing
• Educational opportunities
• Firearm ownership rights

Some states allow individuals to seal or expunge certain criminal records, removing them from public view. However, not all crimes are eligible for expungement. Serious violent felonies and sex crimes often cannot be expunged under state law.

Requirements for expungement typically include:

• Completing any sentence, probation, or parole
• Maintaining a clean record for a specified period
• Meeting any restitution obligations
• Filing a petition with the court

Expungement laws vary significantly by state. Some permit expungement only for minor offenses or arrests that didn’t result in conviction, while others allow expungement of more serious crimes after a waiting period.

How Can a Criminal Defense Lawyer Help?

If you’re facing criminal charges for murder, robbery, or any other offense, contact a local criminal defense attorney. Things move quickly after your arrest, and it’s important to have a legal professional by your side.

Your criminal defense lawyer will work hard to challenge the state’s case or negotiate a favorable plea bargain. Whether you’re facing misdemeanor or felony charges, a criminal conviction will impact both your personal and professional lives. You’ll want a skilled defense attorney by your side to protect your rights.

An experienced criminal defense attorney can:

• Explain the charges against you and potential penalties
• Identify violations of your constitutional rights
• File motions to suppress illegally obtained evidence
• Negotiate with prosecutors for reduced charges or alternative sentencing
• Represent you at trial

FindLaw’s directory of criminal defense attorneys provides free access to reviews and contact information for law firms nationwide. Get started by searching your state and city to find an advocate who is well-versed in the criminal laws of your jurisdiction.

Browse State Criminal Law by Topic

Below is a list of the most common state criminal laws. Click on the link for the specific crime you are researching, and it will take you to a FindLaw article or statute on that topic.

• Assault and Battery Laws
• Burglary Laws
• Capital Punishment Laws
• Child Pornography Laws
• Cocaine Laws
• Computer Crime Laws
• Counterfeiting Laws
• Credit Card Fraud Laws
• Criminal Statute of Limitations Laws
• Disorderly Conduct Laws
• Drug Distribution Laws
• Drug Manufacturing Laws
• Drug Possession Laws
• DUI/DWI
• Embezzlement Laws
• Extortion Laws
• First Degree Murder Laws
• Forgery Laws
• Gun Control Laws
• Heroin Laws
• Identity Theft Laws
• Indecent Exposure Laws
• Insurance Fraud Laws
• Involuntary Manslaughter Laws
• Kidnapping Laws
• Larceny and Theft Laws
• Marijuana Laws
• Money Laundering Laws
• Perjury Laws
• Prohibited Consensual Sexual Activity Laws
• Prostitution Laws
• Racketeering Laws
• Rape Laws
• Robbery Laws
• Second Degree Murder Laws
• Securities Fraud Laws
• Sexual Assault Laws
• Stalking Laws
• Voluntary Manslaughter Laws