Of the seven fake elector certificates — AZ, GA, MI, NV, NM, PA, WI — only NM and PA had language explicitly saying that they were to be used contingently, i.e., only if a court declared Trump to have won the state. My understanding/assumption is that this is why NM and PA haven't prosecuted their would-be Trump electors, while the other five states have, as, lacking any language explicitly saying "contingent," those people arguably misrepresented themselves as legitimate electors.
By contrast, the federal indictment of Trump places responsibility on Trump and his co-conspirators. In the superseding indictment:
https://s3.documentcloud.org/documents/25075805/new-trump-indictment-in-election-subversion-case.pdf
* Allegation #53: Trump and Eastman lied to RNC chair Ronna McDaniel (when asking her to go find fake electors) by falsely claiming that these electors would only be used contingently, if a court gave permission to do so, and would not be forced through.
* Allegation #58: Giuliani similarly lied to the PA fake electors. The federal indictment is alleging that Trump and his co-conspirators never intended to use the plan only "contingently." They lied to everyone about their intentions, which is why they are defendant & co-conspirators.
My understanding of what you're saying is that the state prosecutions are a bit unfair to the fake electors, since they were lied to — but perhaps the federal indictment is fair to Trump and his inner circle?
