What Is The Difference Between A Federal Felony And A State Felony? Chris Combs and Andrew Russek, lawyers at top criminal defense firm Combs Waterkotte, discuss differences in court processes and punishment between federal and state felony charges.
Interview Transcript
Scott Michael Dunn: Now, when it comes to felonies, what’s the difference between a federal felony and a state felony?
Andrew Russek: I mean, one big difference is the range of punishment. On federal crimes, it’s a lot more serious. As Chris says, it’s the United States of America. So not only are they gonna have more resources, but the statutes are just more severe.
So mandatory minimums: On drug cases can be as low as five years, 10 years, up to 40. In Missouri, that same crime, maybe at worst, you could get 10 years as a max.
And then also just again, who you’re dealing with. You’re dealing with the United States prosecutor; it’s a little bit more of a sophisticated role, but also their resources are extremely more available and wide.
Chris Combs: Yeah. I mean, the United States government has unlimited time, money, and resources.
Scott Michael Dunn: Yes, they do! At least so they think they do.
Chris Combs: And with the Truth and Sentencing Act, you have to serve 85% of your sentence – whereas, you know, it’s your first time going to prison on a state charge, you’re doing like 10, 15%.
There are some 85 percenters in state court, but everything in Fed court is 85% of your sentence.
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