Larkin Ingrassia Andrews Criminal Defense Attorneys | February 12, 2026 | New York Law
If you’re facing any criminal charges in New York, it helps to know whether your case falls under state or federal law. Most crimes in New York are prosecuted under state law—including violations like theft, assault, and drug charges—which are handled in state court by local prosecutors.
Federal criminal charges are based on violations of laws created by Congress and are prosecuted in federal court. These might include federal crimes such as mail fraud, immigration violations, major drug offenses, or crimes that cross state borders. Federal crimes are organized under the U.S. Code, not state statutes. This means that federal sentencing rules, court procedures, and possible outcomes can differ significantly from those in a state-level prosecution.
Understanding those differences matters for anyone accused of a federal crime in New York. The stakes are high, and penalties are often stricter, so understanding how federal crimes are classified and what your options are is critical if you’re a defendant in federal court.
Federal Felony Classes
Federal felonies are grouped by class, based on how serious the crime is and the maximum sentence allowed. Class A felonies involve the most severe crimes and carry penalties such as life in prison. Lower classes (B through E) come with shorter possible sentences.
For example, a Class B felony conviction may carry decades in prison, while a Class E felony conviction carries a lower risk of a lengthy prison term.
Federal Misdemeanor Classes
Not all federal crimes rise to the level of felonies. Less serious acts are classified as misdemeanors and are still taken seriously in federal court. Federal misdemeanors fall under Class A, B, and C categories.
Class A misdemeanors are punishable by up to one year in jail. Classes B and C each bring a decrease in maximum penalties. Felony and misdemeanor guidelines also shape the kinds of long-term effects a conviction could create for you.
Infractions and Petty Offenses
Some federal law violations don’t warrant any jail time at all. These infractions (sometimes called petty offenses) are usually met with fines, community service, or court fees, but not imprisonment.
For example, minor traffic offenses on federal land will often fall in this category. While these penalties may feel less serious, unresolved infractions can still carry other legal impacts if ignored.
Federal crime classifications and possible penalties can be confusing and very different from what you’d face in a New York state courtroom. For defendants, understanding exactly what you’re up against is often the first step toward making informed choices in your defense.
How Sentencing Works in Federal Court
Facing federal criminal charges in New York can be confusing and stressful, especially when it comes to sentencing. Although your sentence depends on the specific charges and facts of your case, federal courts follow their own detailed process.
Role of the Federal Sentencing Guidelines
Federal judges rely on the Federal Sentencing Guidelines for guidance. These guidelines offer recommended ranges of prison time and fines for every type of federal crime, based on factors like the type and seriousness of the conduct.
Judges are not required to follow the guidelines to the letter, but they almost always start by considering them and generally must explain their reasoning if they choose to go higher or lower.
Can You Be Charged in Both Federal Court and New York State Court?
It’s possible, and it happens more often than many people realize. This is called “dual sovereignty.” If the government believes someone broke both federal and New York state laws during a single event, each system may file its own set of charges.
Being tried twice for the same act is not protected by the Double Jeopardy Clause when both a federal agency and New York state prosecutors are involved.
Schedule a Free Consultation With a Middletown Federal Crimes Attorney at Larkin Ingrassia Andrews Criminal Defense Attorneys Today
For more information, contact an experienced Federal Crimes lawyer at Larkin Ingrassia Andrews Criminal Defense Attorneys, to schedule a free consultation today. We conveniently serve in 3 locations in New York, including Middletown, Newburgh, and Kingston.
We proudly serve Orange County, Ulster County, and their surrounding areas:
Larkin Ingrassia Andrews Criminal Defense Attorneys – Middletown
626 E Main St
Middletown, NY 10940
(845) 566 5345
Larkin Ingrassia Andrews Criminal Defense Attorneys – Newburgh
356 Meadow Ave
Newburgh, NY 12550
(845) 566-5345
Larkin Ingrassia Andrews Criminal Defense Attorneys – Kingston
233 Fair St Suite #1
Kingston, NY 12401
(845) 566-5345