Our criminal-justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal-defense lawyer as early in the process as possible, preferably even before questioning or investigation. A skilled attorney from The Federal Law Group in Atlanta, Georgia, can fight for your legal and constitutional rights. Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.

Historically in our criminal-justice system, two things must have been present for criminal liability to attach to an action. First, a person must have the intent to take the criminal action. Traditionally this culpable state of mind was called mens rea, Latin for guilty mind.

The second requirement for criminal liability is actus reus, Latin for guilty act. The prohibited physical event must take place in combination with the requisite criminal intention for the actual commission of a crime to take place.

The most serious crimes are felonies, which are typically either particularly heinous, involve dangerous weapons or threaten relatively high amounts of financial damage or harm to property. Traditionally, felonies are punishable by either confinement for a year or longer, usually in a penitentiary or similarly secure facility, or by the death penalty.

• Examples are murder, treason, rape, arson, burglary or kidnapping.
• For federal felonies, defendants have the right to be charged only by a grand jury. This right varies for state felonies.
• Because of the seriousness of the offense and the punishment, maximum safeguards for the defendant's rights are built into the prosecution and court procedures.
• Indigent defendants who cannot afford to hire lawyers and are facing felony charges have the right to free state-appointed criminal-defense attorneys.
• In addition to social stigma, long-term consequences may include the loss of the right to vote; ineligibility for elected office or professional licenses; restrictions on the right to possess weapons; ineligibility for housing, public benefits, educational benefits or certain jobs; immigration problems; loss of the right to serve as a juror; negative impact on parental rights or divorce proceedings; or the requirement to register with certain criminal registries.
• Persons accused of felonies have the right to jury trials.

Misdemeanors are crimes that are usually less violent or involve lower levels of harm than felonies do. The legal procedure is usually simpler than for felonies, the penalties less severe and the long-term consequences less harsh.

• Penalties typically include fines, property forfeitures or jail time of less than one year in a facility less secure than a penitentiary.
• There is no federal right to a grand jury for a misdemeanor and state grand jury rights for those accused of misdemeanors vary.
• Court procedures may be more relaxed than those for felonies.
• Indigent defendants are generally only eligible for free state-appointed legal counsel when the misdemeanor charges require imprisonment upon conviction.
• Long-term consequences are normally less severe than those of felonies, although some of the felony consequences listed above may still apply to misdemeanors, depending on the jurisdiction. However, those convicted of misdemeanors generally retain the right to vote.
• Generally, if the potential punishment is imprisonment for less than six months, there is no right to a jury trial.

The difference between federal crimes and state crimes is defined mainly by jurisdiction. Jurisdiction refers to what court is authorized to hear the criminal charge.

Federal court jurisdiction is limited to the types of cases listed in the U.S. Constitution and specifically provided for by Congress. In the criminal arena, federal courts only hear cases in which the United States is a party, and cases involving violations of the U.S. Constitution or federal laws. Examples of federal crimes are bringing illegal drugs into the country or across state lines and use of the U.S. mails to swindle consumers. Crimes committed on federal property, such as national parks or military reservations, are also prosecuted in federal court.

State courts, in contrast, have broad jurisdiction, so most criminal cases against individual citizens--such as thefts, robberies, traffic violations, drug offenses, and family violence--are usually tried in state courts.

In many cases, both federal and state courts have jurisdiction. Criminal cases involving federal laws can be tried only in federal court, but most criminal cases also involve violations of state law and are tried in state court. For example, robbery is a crime that state laws, not federal laws, make a crime. However, there are a few federal laws about robbery, such as the law that makes it a federal crime to rob a bank whose deposits are insured by a federal agency. In such cases of joint jurisdiction, the state will usually forego prosecution in lieu of federal prosecution.