You should never take an arrest lightly. This warning is particularly true when you are arrested on federal charges. While you may think it is your First Amendment right to malign our government or government officials or make a political statement by setting the American flag on fire, your Constitutional rights aren't without limits. Unfortunately, some people learn of these limits when it's too late—when the state is holding them and charging a crime. If you've found yourself in this predicament and are worried about what may happen next, contact a federal defense lawyers from My Rights Law to benefit from unsurpassed legal representation. Set up a free initial consultation with a criminal defense attorney by calling (909) 340-2000 or leave us a message on our secure form.
Title 18 of the United States Code
lists the offenses the U.S. federal government charges. Actual charges come down to the details of the case and the particular federal laws you're accused of breaking. You may be charged with a crime at the federal level rather than the state level when the following happens:
Criminal offenses like internet crimes, treason, flag burning, and drug trafficking are often indicted in federal court.
When the offense you're charged with may be indicted in state or federal court, the prosecution usually decides how your case will go. There are numerous reasons that the prosecution may permit the offense to be dealt with at the state level. Nevertheless, when a criminal offense is in a federal prosecution, it is often tried as such.
Criminal investigations (such as those through the Federal Bureau of Investigation) and the prosecution of crimes at the federal level are managed differently than investigations and prosecutions at a state level. The multiple government agencies accountable for federal criminal investigations are typically well-funded with lots of resources and experienced investigators. Further, federal judges' court dockets are not usually filled with a high volume of cases like most judges overseeing state criminal courts who manage various offenses.
Another distinction is that federal courts allow for more stringent penalties. Federal crimes usually lead to stricter penalties than state crimes, especially for the offenses mentioned above. Federal sentencing guidelines call for prison sentences for any individual convicted of a federal offense. For these reasons, it is critical to employ an experienced federal criminal defense lawyer to protect your future and freedom.
Typically, federal prosecutors will try to use any damning evidence in their case against you at trial. Nevertheless, this does not mean they will be able to do so. Under the U.S. Constitution, law enforcement agents must respect the constitutional rights of suspects during their investigation. Thus, if federal agents conducted an unlawful search of your house or business or took a statement from you without giving you notice of your rights to counsel, a skilled California federal criminal defense lawyer may be able to successfully keep the evidence in question out of the trial by a motion to suppress.
Contact a federal criminal defense attorney at My Rights Law if you have been charged with an offense.
Rioting is a federal crime in specified places, such as on federal property, at veterans' hospitals, and in federal government buildings.[1] Using interstate commerce and crossing state lines to incite violence against the government also makes it a federal offense.[2] Under 18 U.S. Code § 2101, you may not use interstate commerce to incite, organize, promote, or partake in a riot. Neither can you help a rioter escape arrest and prosecution nor help them incite, organize, or promote riotous acts.
A judge may sentence you up to five years for this crime.
defines the criminal act of domestic terrorism. Domestic terrorism is engaging in activities that endanger human life to influence or coerce citizens or to influence the policies or conduct of our government through intimidation, coercion, mass destruction, assassination, or kidnapping. These acts must occur primarily within our nation's jurisdiction, including national territories, and not just in US states.
If the terrorist act resulted in murder, you face lifelong imprisonment. However, if a skilled defense lawyer gets the court to reduce the charge to voluntary manslaughter, you'll only serve ten years at most. If it's involuntary manslaughter, you can only serve a maximum of three years.
Other penalties exist for an accused who takes terroristic actions from outside the United States. However, My Rights Law only has offices in California that serve certain cities.
To secure a conviction under 18 U.S. Code Chapter 37, prosecutors must prove you:
An espionage conviction is punishable by death. Yet, the different potential punishments depend on the facts of your case. For example, economic espionage has a maximum sentence of fifteen years and the possibility of a $5,000,000 fine, whereas harboring an espionage fugitive can result in a ten-year sentence. Sketching or taking pictures of sensitive government information and sharing it in contradiction to the president's orders is punishable by one year.
prohibits desecrating a United States flag, of which a common example is flag burning. Should you mutilate, defile, deface, trample, or keep our flag on the ground, an attorney general may file charges against you.
A judge may sentence you to a maximum of a year behind bars upon conviction. You may also have to pay hefty fines.
Under 18 U.S.C. § 2384, sedition occurs when at least two people on American soil:
Please note that war means an armed conflict between two nations or military groups, declared or undeclared.[3] Also, consider that sedition differs from treason in that the former works to incite rebellion while the latter is actively pursuing war against the United States or helping our enemy nations.[4]
If a jury convicts you of sedition, you could face up to twenty years in prison.[5]
It is treason to levy war against the United States or provide aid to our nations' enemies according to 18 U.S. Code § 2381.
Treason is punishable by death. At a minimum, you can expect to serve five years and pay a fine of at least $10,000. Moreover, a conviction of this crime bans you from holding office in any capacity, thus terminating your political ambitions if you had any. But these are not the only penalties.
Quite often, people commit seditious conspiracy before treason. Thus, an attorney general may charge you with that crime, too. If so, a judge has the authority to order you to consecutive sentences instead of concurrent sentences. You'll serve one prison term after another if the judge orders consecutive sentences. Therefore, you may spend decades in prison or a term that equates to the remainder of your life even if the court doesn't sentence you to life in prison.
Which defenses your attorney uses should turn on the facts of your case. Every case is different, even if the crime is the same. Therefore, some defenses may be sound in one treason case but not another. Consequently, we can only list common general defenses that apply to these crimes. Contact us at (909) 340-2000 or through our secure contact form to learn more about defenses that are tailored to your unique arrest.
This right gives you freedom of speech and the right to assemble. However, certain words don't fall under free-speech protection. Violent acts or causing physical injury to someone never comes under this defense. Schedule an appointment as soon as possible to learn more about whether this defense may apply to your case.
The Bill of Rights to the US Constitution protects you from unlawful searches and seizures, regardless of the crime the state says you committed. Therefore, the evidence they find shouldn't be admissible in court if the police searched your home or other property (e.g., laptop, cell phone) without a warrant. Some exceptions to the warrant rule apply.
This defense is specific to flag burning. You may use this defense if the flag you disposed of was ruined, such as being torn, ripped, worn out, or soiled. This defense doesn't apply if you so ruined the flag to make it worn or soiled before disposing of it.
You admit to the crime but argue that you weren't mentally culpable because of your mental health issues. This may convince jurors that imprisonment or a guilty verdict isn't fair.
The defense attorney you choose can make the difference between having criminal charges dismissed or being severely punished. My Rights Law's strong team of criminal lawyers have the resources and experience that enable us to pursue difficult cases yielding favorable results. We protect our clients through our expertise in the law and extensive experience in handling all misdemeanor and felony criminal cases including, but not limited to, alcohol-related crimes, drug crimes, violent crimes, domestic violence, sex crimes, crimes against children, theft crimes, juvenile crime, gun charges, property crimes, cybercrimes, traffic violations, public safety crimes, federal crimes, financial crimes, crimes against the government, crimes against justice, and inchoate crimes. We also specialize in restraining orders, pretrial diversion programs, and expungements.
If you are accused of committing a crime against the government, such as rioting, terrorism, espionage, flag burning, sedition, or treason, contact a crimes against government lawyer at My Rights Law to learn more about your legal options and rights. Schedule your free consultation by calling (909) 340-2000 or contacting us online.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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