Typically, if you are charged with a crime, you will either be charged in state court or federal court. However, in some circumstances, the offense you committed is considered a crime under both state and federal law. In these cases, based on the Supreme Court’s interpretation of the U.S. Constitution, you can be charged for the same crime in both Arizona state court and federal court.

Constitutional Protection Against Double Jeopardy

The Fifth Amendment to the U.S. Constitution contains what is commonly referred to as the “Double Jeopardy Clause”, which guarantees that no person can be prosecuted twice for the same crime. It reads: "No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb.” The Double Jeopardy Clause generally prohibits charging someone twice for the same offense. However, the Supreme Court has interpreted this clause to allow you to be charged with both a state crime and a federal crime for the same infraction.

Federalism in the United States

In order to understand how you can be charged for the same crime twice, you first need to understand how the American system of government works. The way that our government is organized in the United States is called Federalism. Federalism is a type of governmental structure where the same territory is controlled by two different levels of government. Typically, this arrangement includes a national government that is responsible for dealing with issues of national concern and smaller governing bodies that handle local matters.

In adopting federalism, the U.S. Constitution established a system of “dual sovereignty” where the federal government possesses some specifically-designated powers while the states maintain a certain level of sovereignty in state matters. The Supremacy Clause, which is found in Article VI of the U.S. Constitution, states that the federal laws are “the supreme law of the land.” So, while states do retain authority to make laws, the laws that the federal government makes will apply in all of the states as well (and override state laws in the case of a conflict).

Because of this system of federalism, there are two different sets of criminal laws that apply in each state and two different court systems. Arizona has created its own criminal laws, but the federal government has created criminal laws that apply in Arizona as well. Federal laws often deal with criminal activity that occurs in multiple states or that involve interstate commerce, while states have reserved the right to make criminal laws that protect the welfare, safety, and health of the public.

Under this dual system, it is entirely possible that you could commit an offense in Arizona that was illegal under both state and federal laws. The question is, then, how can you be charged with both of these offenses for the same criminal incident without violating the Double Jeopardy Clause?

The Supreme Court’s Interpretation of Double Jeopardy

The Supreme Court of the United States, the highest-level court in the nation, is tasked with interpreting the Constitution and how it should apply to the cases that it hears. The Court’s decisions become a part of the federal government’s “supreme law of the land”.

Generally, the Supreme Court has concluded that, because of what is called the “dual sovereignty doctrine”, a federal crime and a state crime are not considered to be “the same offense” for purposes of double jeopardy. The reasoning behind this decision is that where there are two sovereigns, there are two different laws and two different offenses, even if they criminalize the same behavior.

Gamble v. United States

The Supreme Court recently applied the dual sovereignty doctrine in a case decided on June 17, 2019; Gamble v. United States. In this case, Terance Gamble pleaded guilty to a state criminal charge of illegal gun possession that violated Alabama’s felon-in-possession-of-a-firearm statute. After this conviction, federal prosecutors indicted him for a federal offense stemming from the same instance of possession. Gamble argued that the federal charge should be dismissed as a violation of the Double Jeopardy Clause of the Fifth Amendment.

In its decision for Gamble v. United States, the Supreme Court upheld the dual sovereignty doctrine, affirming that Gamble could be charged and convicted of both a state and federal crime for the same instance of illegal gun possession without violating the Double Jeopardy Clause.

Common Federal Crimes

Because of the way the American system of federalism is set up, the federal government can only make laws about certain topics, which are listed in the constitution. These powers are commonly referred to as the “enumerated powers” of the federal government. Therefore, federal criminal laws have to involve matters that are included in the federal government’s enumerated powers. For this reason, federal offenses often involve criminal activity that occurs in multiple states or that involve interstate commerce.

The following is a list of common types of federal crimes:

1. Drug Crimes
2. Weapons Offenses
3. Counterfeiting and Forgery
4. Embezzlement and Theft
5. Kidnapping
6. Mail Fraud
7. Child Pornography

Overlap Between Federal Crimes and Arizona State Crimes

As you can see, there is plenty of room for overlap between federal offenses and Arizona state criminal laws that are enacted to protect the health, welfare, and safety of Arizonians. In fact, there are corresponding Arizona crimes found in the Arizona Revised Statutes Title 13 (Criminal Code) for each of the areas of federal law listed above.

1. Drug Crimes — Chapter 34, Drug Offenses
2. Weapons Offenses — Chapter 31, Weapons and Explosives
3. Counterfeiting and Forgery — Chapter 20, Forgery and Related Offenses
4. Embezzlement and Theft — Chapter 18, Theft
5. Kidnapping — Chapter 13, Kidnapping and Related Offenses
6. Mail Fraud — Chapter 23, Organized Crime, Fraud, and Terrorism
7. Child Pornography — Chapter 35.1, Sexual Exploitation of Children

With federal and state laws covering so much of the same territory, it is certainly possible that you could be charged with both a federal crime and a state crime for the same offense.

Punishment in Arizona State Court Versus Federal Court

One of the most recognized differences between state and federal courts is the punishment you can receive. Most people who are convicted in federal court are subject to federal sentencing guidelines, which have been widely criticized as outdated and severe. Federal sentencing guidelines include harsh mandatory minimums and sentencing enhancements, which can land even first-time, non-violent offenders in federal prison with lengthy sentences. The federal criminal justice system also does not use parole, so people sentenced to federal prison usually serve at least the majority of their sentences.

What To Do If You’ve Been Charged With a State or Federal Crime (Or Both)

If you’ve been charged with a crime in any court, you neeed an experienced criminal defense attorney at your side. If you’re facing federal charges, make sure to find an attorney that practices in federal court, as not all defense attorneys do. In order to represent you in a federal case, a defense attorney must be admitted to practice in the particular court where you have been charged.