Over the past year or so, a lot of people in a lot of places have been protesting about a lot of things. Those protests have been described as “mostly peaceful,” but some of those protests have included violence. Much of that violence resulted in federal charges. In Portland, OR, where protests went on nightly for more than three months, 74 people are now facing a variety of federal charges for their roles in the protests. Others face federal charges in other cities, as well. The fact is, federal charges run the gamut from A to W – there are no federal charges for any crimes starting with X, Y, or Z – and under particular circumstances can be brought to bear against people who were focused on protesting and not on whether they were violating federal law.
Federal Charges Can Apply in Many Circumstances
Many federal crimes occur on federal property – that is what makes them federal crimes. However, by no means do all federal crimes occur on or even near federal property. For instance, arson is a federal crime if you use fire to destroy or damage property used in interstate or foreign commerce, or any property that affects interstate or foreign commerce. That is pretty broad and applies to pretty much every commercial business under current interpretation of the commerce clause of the U.S. Constitution. Conviction on federal arson charges will get you a minimum sentence of five years and a maximum sentence of 20 years in prison.
Many protesters over the past year have set fires, potentially exposing them to federal charges, depending upon what is set on fire. However, arson is not the only potential federal charge protesters might face. For instance, acts occurring on federal park property of areas including historic or government buildings also can be federal crimes. Such crimes could include:
- Trespassing, which includes entering property not open to the public or doing so without invitation or consent
- Tampering, meaning moving or manipulating property – think about tearing down statues, for instance
- Vandalism, including damaging or defacing property or real estate
- Harassment, which is intentional or reckless harassment of park visitors where physician contact occurs
- Obstruction, meaning any intentional or reckless blocking of a sidewalk, trail, road, business entrance, right of way, or any other public passageway on federal property
Obviously, some of these charges overlap. Further, if you factor in the “used in interstate or international commerce” factor, these charges are not just possible in federal parks or on other federal property. Many people have found this out the hard way.
If You are Facing Federal Charges Following a Protest in Houston, Contact Madrid Law Firm
Things happen during protests. You might not see them as criminal acts at the time, but that does not mean you will be safe from federal criminal charges. If you find yourself facing federal charges after being involved in a protest, you need to talk to an attorney experienced with federal criminal charges. Talk to Madrid Law Firm.
