Torture

Federal Defense Lawyer Explains Torture Crime

Torture is considered unlawful and there are strict rules against conduct that is classified as torture. If you are accused of torture, you could be charged with a federal crime. This means that you’d face federal prison time, could be investigated by the FBI and other federal agencies, and would face prosecution in federal court by prosecutors with ample resources and knowledge.

Because your life and future are at risk if you are convicted of torture, you need to make certain you are represented by a federal criminal defense lawyer who can provide you with comprehensive advocacy as you respond to charges.

You need a lawyer who knows the laws on torture, who has a successful track record of defending clients accused of serious federal crimes, and who can advocate for you in court or during plea negotiations.

LV Criminal Defense can help. We represent clients in California, Arizona, Oregon, Nevada, Utah, or surrounding areas who have been accused of torture and related federal crimes and we can put our in-depth knowledge of the law to work on your case to help you fight serious accusations.

You should give us a call as soon as possible if you’ve been accused of torture so we can provide the help and support you need to fight charges. Call today if you’re ready for a lawyer who will fight for you.

Federal Laws On Torture

The federal penal code addresses torture offenses in 18 U.S. Code Chapter 113C. There are a total of three different statutes within the relevant part of the U.S. Code. These statutes establish definitions related to torture; define the crime of torture; and set forth exclusive remedies applicable in situations where torture has occurred. The relevant statutes include the following:

• 18 U.S. Code section 2340– Definitions: This statute defines the words used throughout the rest of 18 U.S. Code Chapter 113C. The definitions contained within 18 U.S. Code section 2340 apply any time the defined words are used in the other two statutes within the Chapter. The words that are defined include torture, severe mental pain or suffering, and United States. According to the relevant statute, torture includes any action undertaken by a person acting under the color of the law that is intended to inflict severe physical or mental pain or suffering upon a person under his custody or within his physical control. However, the definition does not extend to include pain and suffering inflicted that is incidental to lawful sanctions. Severe mental pain and suffering is also defined within the statute to include prolonged harm caused by or resulting from infliction of physical injury or suffering; threats of physical injury; the administration or application of mind-altering substances; threatening the use of mind-altering substances; threatening imminent death; or threatening that others will be subject to severe pain and suffering or the administration of mind altering substances. Finally, United States is defined to include all the U.S. states, Washington D.C., and all commonwealth, territories and possessions of the United States.
• 18 U.S. Code Section 2340A– Torture: According to the relevant statute, anyone outside of the United States who commits torture, or who attempts to commit torture, could be imprisoned for up to 20 years and fined. If death results, the defendant who is convicted of torture could be imprisoned for up to life in prison or could be sentenced to death. The U.S. has authority or jurisdiction to prosecute a person accused of torture if the alleged offender is a U.S. national or if the alleged offender is present in the United States, regardless of the offender’s nationality or the victim’s nationality. Anyone who conspires to commit an offense made illegal under 18 U.S. Code section 2340A can be subject to the same penalties as set forth for the offense.
• 18 U.S. Code section 2340B – Exclusive remedies: This statute makes clear that nothing within 18 U.S. Code Chapter 113C should be construed as preventing state or local laws on the subject of torture from applying. The statute also stipulates that nothing contained within 18 U.S. Code Chapter 113C creates a substantive or procedural right that could be enforced by law by any party in any legal proceeding.

Understanding how these statutes define torture and what a prosecutor must prove to secure conviction can be very important because a prosecutor has to prove every element of a torture offense.

You simply have to cast doubt about any part of the offense and you should be able to get acquitted and avoid the life-changing consequences of a torture conviction.

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