Federal crimes are criminal offenses based on legislation (laws or statutes) enacted by the United States Congress and published in the United States Code (U.S.C.). Most crimes (murder, rape, assault, burglary, etc.) are prosecuted under state law (statutes) and are known as state law crimes. In contrast, crimes prosecuted under federal law are known as federal crimes.

Federal crimes generally involve a subject over which the United States Constitution gives the federal government—and more specifically, the U.S. Congress—the power or authority to legislate or make laws. This power or authority is also known as jurisdiction.

For example, the federal government (and not the states ) has the exclusive authority to print money and regulate its value. And because bank deposits are guaranteed (insured) by the federal government (FDIC) up to $250,000 per depositor, per FDIC-insured bank, and per ownership category, bank robbery is a federal crime (18 U.S.C. §2113). Examples of other federal crimes include tax evasion, wire fraud, mail fraud, immigration offenses, voting or electoral fraud, counterfeiting money, espionage (spying), and damaging or destroying mailboxes.

In West Virginia (WV), as in all states, the distinction between federal and state crimes is based on the jurisdiction granted by the U.S. Constitution. Federal crimes are offenses that fall under the legislative authority of the United States Congress, as outlined in the United States Code (U.S.C.). These crimes typically involve federal interests, cross state lines, or occur on federal property. Examples of federal crimes include bank robbery, due to the federal insurance of bank deposits by the FDIC, as well as tax evasion, wire fraud, mail fraud, immigration offenses, and counterfeiting. These offenses are investigated by federal agencies such as the FBI, DEA, or ICE and are prosecuted by United States Attorneys in federal courts. State crimes, on the other hand, are violations of statutes passed by the state legislature and are prosecuted under state law by local or state prosecutors in state courts. While some criminal acts can be prosecuted under both federal and state law, federal crimes are generally those that have a broader national impact or involve federal government jurisdiction.