Question:

Would this be a federal or state felony?

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If a man were to go home, in NJ, and kill his wife, would the felony be a state or federal charge?

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  1. This would be a state felony.

    The ony way that the federal government would get involved is if either of the parties was currently in the military, or working certain government job.

    The state law would be the primary charge.


  2. State charge, federal is like bank robbery or money laundering.

  3. Both.  Murder is a crime by both federal and state statutes.  A murderer can be tried in both federal and state courts for the same crime with no double jeopardy.  Remember OJ Simpson?  He could still be charged at any time by a federal prosecutor.  There are no statutes of limitation for murder.

  4. if he is a civilian and his wife is a civilian and they do not live on a government installation, and he does not transport her body across state lines in furtherance of a crime then it is a state charge.

  5. There are other factors that would have to be taken into account.  Typically it would be a state charge, if he lived in NJ to begin with and went home in NJ after work or whatnot and killed the wife.  But there are other factors that have to be taken into consideration and it could still be federal.  (for example, crossing state lines to commit the felony, if he is a serial killer, etc.)

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