Q: Can a person be charge state and federal for the same charge
A: Yes, a person can face state and federal charges for the same act. You may want to keep your eyes on the nut job in the Arizona shooting. After the feds get done with him, the state is going to move in.
A: In order for a person to be charged at both the state and federal level they must have violated both sets of laws during the commission of their criminal act. This doesn't violate the 5th Amendment because this legal action falls under the dual sovereignty principle in which the sets of laws are seen as separate, hence the cases are as well. It should be noted though that an acquittal under the first set of laws doesn't mean a person still can't be charged under the other set.
In 2011 84% of violent crimes were assaults, and if the crime involved a weapon deemed illegal under federal there is no reason why charges at both the state and federal level shouldn't be expected. This means the defendant may have to serve both the state and federal sentences either concurrently or consecutively depending on the sentencing guidelines.
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