FEDERAL CRIMINAL DEFENSE ATTORNEYS
Threats Against the President – Federal Criminal Defense
Understanding 18 U.S.C. § 871: The Federal Crime of Threatening the President
Making a threat against the President of the United States is a serious federal offense under 18 U.S.C. § 871. Many people don’t realize that even an offhand remark, a social media post, or an angry statement made in the heat of the moment can lead to federal charges. If you are under investigation or have been charged with making threats against the President, you need an experienced federal defense attorney on your side immediately.
What Constitutes a Threat Against the President?
To secure a conviction, the government must prove beyond a reasonable doubt that:
- The Defendant communicated a threat – This could be verbal, written, or electronic.
- The Defendant understood and intended the statement as a true threat – Idle talk, jokes, or hyperbolic statements generally do not qualify.
- The Defendant knowingly and willfully made the threat – This means the act was intentional, not accidental or mistaken.
A “threat” in this context refers to any statement that expresses an intent to kill, kidnap, or injure the President (or other officer next in the order of succession to the office of President). The law does not require proof that the person actually intended to carry out the threat—only that they knowingly made a statement that a reasonable person would take as a serious threat.
Potential Penalties for Threats Against the President
Being convicted under 18 U.S.C. § 871 carries significant consequences, including:
- Up to 5 years in federal prison
- Fines of up to $250,000
- A permanent felony record
- Possible restrictions on future employment, firearm ownership, and other rights
Defenses to Charges of Threats Against the President
Just because you’ve been accused of making a threat does not mean you are guilty. An effective defense strategy may involve:
- Lack of Intent: If the statement was not meant as a serious threat, it does not meet the legal standard.
- First Amendment Protections: The U.S. Constitution protects free speech, and not all controversial statements qualify as true threats.
- Context Matters: If the statement was made in jest, as satire, or in a heated debate, it may not meet the legal definition of a “true threat.”
- Insufficient Evidence: If the prosecution cannot prove all elements beyond a reasonable doubt, the charges may not hold up in court.
Why You Need an Experienced Federal Defense Attorney
Federal charges are handled in a different legal arena than state cases, with aggressive prosecution and severe consequences. If you or a loved one is facing allegations of making a threat against the President, it is crucial to have a skilled criminal defense attorney who understands federal law and can build a strong defense.
At Simons Law Office, we have extensive experience defending clients against serious federal charges. We will fight to protect your rights, explore all possible defenses, and work toward the best possible outcome in your case.
Contact us at 781-797-0555 today for a confidential phone consultation.
