Most people believe that they only have to deal with one courtroom and case if they are charged with a crime. Unfortunately, that is not true. Can you be charged with both state and federal crimes in Wisconsin? Sometimes, a crime can land you in two different courts as you face two different charges.

Here is what you need to know about why it could happen and what it means if you or someone you love is in this situation.

What Is the Difference Between State vs. Federal Charges?

The United States has two separate courts: state courts and federal courts. A crime can be charged in state court if it involves breaking Wisconsin law. These are handled in state courts by local district attorneys. The offenses are what you may think of as typical crimes like theft, assault, OWI (drunk driving), or burglary.

As you may have guessed, federal crimes are those that violate U.S. law. They are prosecuted by the U.S. Attorney’s Office and heard in federal court. These cases usually involve larger operations, interstate activity, or matters that affect the federal government, such as drug trafficking across state borders, wire fraud, or crimes on federal property.

Most criminal cases in Wisconsin stay at the state level. However, if your actions are part of federal jurisdiction, you could face both sets of charges.

Is This Double Jeopardy?

The U.S. Constitution protects people from being tried twice for the same crime. Wouldn’t that mean you cannot face charges in different courts? Not exactly.

Due to the dual sovereignty doctrine, the state of Wisconsin and the federal government are considered separate “sovereigns.” That means they both have their own laws. If your actions violate both, you have technically committed two different crimes. For that reason, you could be charged and convicted twice.

One example is bank robbery. In Wisconsin, robbing a bank violates state robbery laws. However, since banks are federally insured, the federal government can also prosecute them as a federal crime.

What other crimes could be charged in two separate courts? These may include:

• Drug offenses: Possession or small-scale dealing may stay in state court. However, if drugs are moved across state lines, manufactured, or part of a larger operation, federal prosecutors can begin a case.
• Firearm violations: Wisconsin enforces its own gun laws, but federal law also applies, especially if you are a felon in possession of a firearm or if weapons cross state borders.
• Fraud and financial crimes: If the crime involved using the internet, mail, or wire transfers, it could violate federal law. 
• Crimes on federal property: An assault at Fort McCoy or in a national forest can be prosecuted in both systems.
• Civil rights cases: In rare situations, if state prosecution is considered insufficient, federal authorities may pursue separate charges under federal civil rights laws.

Why Federal Charges Should Not Be Taken Lightly 

If you are facing both state and federal charges, the federal case is the bigger risk to your freedom. These crimes carry tougher penalties. Federal sentencing guidelines tend to be strict, with mandatory minimums in some instances. While Wisconsin judges may have more leeway in sentencing, federal judges are bound by narrower rules.

If you are in a situation with a state and federal case, you must reach out to an experienced criminal defense lawyer. Remember that not every defense attorney handles federal cases. You need someone with experience in both systems.

They can help you find the best strategy for your case. Federal charges are not “extra paperwork.” They can carry life-changing consequences.

Keep in mind that because you’re handling charges in Wisconsin court, it does not mean you’re in the clear in federal court. All these charges need to be taken seriously so that you have the best chance to fight for your freedom.

Get Experienced Legal Help for Your State and Federal Cases

So, can you be charged with both state and federal crimes in Wisconsin? Yes. One act can lead to two prosecutions in two separate courts thanks to the dual sovereignty doctrine.
If you are facing both state and federal charges, you want to work with a skilled defense attorney who knows how to navigate both systems. At Melms Law, we can help. Find out how we can assist you in creating a solid defense for your case. Schedule a consultation today.