Federal Lawyer Explains Treason Offenses

Treason is one of the most serious of all federal crimes and it is an offense that is punishable by the death penalty under certain circumstances. Being accused of treason, sedition, or subversive activities can destroy your reputation and lead to the loss of your freedom so it is imperative you are proactive in responding to these allegations. LV Criminal Defense can provide the help you need to fight charges.

Treason, sedition, and subversive activities have very specific definitions under the federal penal code and knowing the law is important so you will understand what a prosecutor must prove and what defenses you can raise or techniques you can use to try to introduce reasonable doubt about your guilt.

Many attorneys do not know laws on treason and are not able to provide representation to defendants accused of a federal crime, so finding the right representative can be very important as you try to respond to allegations and fight for your future.

The federal criminal attorneys at LV Criminal Defense have unparalleled knowledge, skill and experience and we can provide the advocacy you both need and deserve when you are under investigation or when you have been accused of treason or a related crime. To find out more about how our firm can help, give us a call today.

Federal Laws On Treason

Federal laws on treason are found in the federal penal code in 18 U.S. Code Chapter 115. There are a total of 11 different statues in Chapter 115 of the federal penal code. However, one of those statutes – 18 U.S. Code section 2391 – has been repealed, leaving 10 remaining statutes defining the offense of treason, sedition, or involvement with subversive activities and explaining what must be proved in order to be convicted. The statutes that address treason and related crimes include the following:

  • § 2381 – Treason. Treason is defined under this statute to include leveling war against the United States when you owe allegiance to it or giving aid and comfort to enemies of the United States. The penalty could include death or imprisonment for a minimum of five years. Penalties also include a minimum $10,000 fine and a lifetime bar on holding any office under the United States.
  • § 2382 – Misprision of treason. This statute imposes a fine and up to seven years of imprisonment for owing allegiance to the United States and not disclosing treason as soon as a defendant becomes aware that treason will occur or has occurred.
  • § 2383 – Rebellion or insurrection. Inciting or assisting a rebellion against the United States, or giving comfort to those who insight an insurrection, can be imprisoned for up to 10 years under this statute.
  • § 2384 – Seditious conspiracy. If two or more people in the U.S. conspire to overthrow, destroy, or oppose the U.S. government by force or to prevent the application of the law or to take property of the U.S. contrary to its authority, they can be imprisoned for up to 20 years.
  • § 2385 – Advocating overthrow of Government. Knowingly and willfully advocating the overthrow of the U.S. government or the government of any states or territories can result in a fine and up to 20 years of imprisonment. Organizing groups to overthrow the government or circulating materials aimed at overthrowing the government can also result in charges under this statute, as can conspiring to commit any of the offenses listed in 18 U.S. Code section 2385.
  • § 2386 – Registration of certain organizations. Certain organizations are required to register, including those that considered to be engaging in civilian military activity and those under foreign control that engage in political activity. Organizations are considered to be engaged in civilian military activity if they engage in activities such as providing instructions on the use of military weapons or engaging in military maneuvers. They are considered to be subject to foreign control if they receive financial contributions, loans, or support directly or indirectly from foreign governments.
  • § 2387 – Activities affecting armed forces generally. This statute makes it a crime to cause insubordination among military members or to distribute materials urging disloyalty to the U.S. military. The maximum penalty for conviction is 10 years of imprisonment and a fine.
  • § 2388 – Activities affecting armed forces during war. Willfully making or conveying false reports or false statement with the intent to interfere with U.S. military operations when the country is at war can result in up to 20 years of imprisonment under this statute. A defendant who willfully causes, or attempts to cause, insubordination of military members when the country is at war can also be sentenced under this statute.
  • § 2389 – Recruiting for service against United States. Recruiting soldiers or sailors within he U.S. to engage in armed hostility against the U.S. government is criminalized in this statute. The maximum penalty is up to five years imprisonment and a fine.
  • § 2390 – Enlistment to serve against United States. Enlisting to serve against the United States can be imprisoned for up to three years under this statute.

You should make certain to understand the specific offense you have been accused of so you can fight the charges with knowledge of what the prosecutor must prove.

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Getting Help from a Federal Criminal Defense Attorney

A federal criminal defense attorney at LV Criminal Defense can provide you with personalized representation and assistance as you fight against serious criminal charges. Our firm will work with you to develop a strategy aimed at getting the best outcome possible given the circumstances of your case.

To find out more about how a compassionate and knowledgeable member of our legal team can help you when you have been accused of treason, subversion, or sedition, give us a call today.