San Diego Criminal Lawyers Blog
Contemporary events in Minneapolis escalated rapidly when the conflict between ICE agents and protestors led to the deadly shooting of Renee Good, a woman who was accused of trying to use her car as a weapon against a law enforcement officer. That officer shot her in the head multiple times. Federal authorities were quick to label Renee Good as a domestic terrorist. If you find yourself in a similar situation and facing a similar label, here’s what you need to know.
Federal Statutes
Under federal law, domestic terrorism is any ideologically motivated violent or dangerous criminal act that is intended to coerce civilians or to influence government conduct or policy in this country. While no actual provisions specifically ban domestic terrorism per se, several federal statutes fit within the statutory definition. In a nutshell, domestic terrorism includes acts that endanger human life in violation of state or federal laws and that seem to be intended to:
- Coerce/ intimidate civilians;
- Sway government policies through acts of intimidation;
- Impact government deportment with kidnappings, assassinations, or mass destruction.
Other provisions include the potential for charges for providing material support, which would include:
- Being aware that one’s support will be used to commit terrorism;
- Knowingly harboring a terrorist;
- Knowing that the support provided will go to an organization with an official terrorist designation.
Additional federal charges related to domestic terrorism that have been used in prosecutions over time include:
- Operating weapons of mass destruction, including chemical weapons, bombs, or bioweapons;
- Crimes related to arson and/or explosives;
- Attempting to or successfully killing a federal officer;
- Destroying government property;
- Using violence or threats to interfere with commerce;
Penalties
Unless an accused domestic terrorist is killed– as in the case of Renee Good–charges of domestic terrorism can lead to significant penalties:
- The death penalty, or life in prison;
- Public judgment and rebuke ;
- Isolation;
- Inability to provide for and interact with family.
Defending Charges of Domestic Terrorism
Prosecuting this type of crime requires a heavy burden on prosecutors. They are required to demonstrate the following:
- The attack was planned in order to incite fear;
- Threats and/or violence were used;
- The act was politically or religiously motivated;
- The incident targeted civilians or federal officers.
Charges may be levied even in the event a suspect never followed through with the terroristic actions, such as if a bomb was built but not actually used. Even threatening to bomb a bridge, for example, could result in charges. Aiding and abetting charges could land on anyone taking definitive actions to support the alleged terrorist.
Defenses might include a claim of mistaken identity or of false charges and could be bolstered by a strong alibi and evidence that the defendant had no ideological basis to be involved in the crime. Continue reading