State vs. Federal Crimes in Georgia: What’s the Difference?

While the criminal justice process is similar in both state and federal courts, the differences matter—and they can drastically affect your case. Both systems handle charges, plea bargains, and trials, but the progression of cases varies. Federal courts are generally more formal, apply stricter sentencing guidelines, and prosecute crimes differently than state courts. These differences can make federal cases more intimidating and complex.

If you are facing charges in either system, working with our experienced criminal defense lawyers in Norcross is critical. A skilled attorney will evaluate your case, identify available defenses, and fight for the best outcome possible.

Grand Jury Indictments

The U.S. Constitution guarantees federal defendants the right to a grand jury indictment, but this protection does not always apply in Georgia state courts.

While grand juries offer limited protection—often described as easy to influence—they can give defense attorneys valuable insight into the prosecution’s evidence. However, many state jurisdictions now follow open-file policies that provide lawyers access to the same information without needing grand jury proceedings.

The Charging Process in Federal vs. State Court

One key difference is how charges are brought. Federal prosecutors often use a “stacking” method, charging separate counts for each instance of alleged misconduct. For example, sending one fraudulent letter to 500 people could result in 500 federal charges.

In contrast, Georgia prosecutors typically pursue only the most serious charge in a case. For example, if someone is stopped with expired registration, speeding, and drug possession, the state would likely pursue only the drug possession charge.

Sentencing Differences in Georgia State and Federal Courts

Federal sentencing guidelines limit judicial discretion. While judges may deviate from the Federal Sentencing Act’s recommendations, they must justify their decisions. This makes sentencing stricter and more predictable.

State judges in Georgia have far more flexibility. They may follow jury recommendations, but are not required to do so. In some cases, a judge may even reduce a prison sentence to probation — an option rarely available in federal court.

Work With Our Diligent Gwinnett County Defense Lawyers

State and federal criminal cases require different strategies. For a confidential consultation with an experienced criminal defense attorney in Norcross, GA, contact Zimmerman & Associates today. We represent clients facing both state and federal charges across Georgia.