Las Vegas Federal Terrorism Defense Attorney
Terrorism is one of the most serious federal offenses in the United States and involves acts of violence or threats against the government or civilians to intimidate, coerce, or influence government policy. Charged under 18 U.S.C. § 2331 and other related statutes, terrorism is aggressively prosecuted by federal authorities due to its potential impact on national security. Acts of terrorism can range from bombings and mass violence to cyberterrorism and financing of terrorist organizations. A conviction for terrorism can result in severe penalties, including life in prison or even the death penalty in certain cases.
At Hofland & Tomsheck, attorney Josh Tomsheck, a Nationally Board Certified Criminal Lawyer, has experience defending individuals against terrorism-related charges. These cases are among the most complex in the federal system, often involving national security concerns, international law, and the highest levels of federal law enforcement. If you are facing terrorism charges, you need an attorney who understands the gravity of the situation and can provide you with the defense necessary to protect your rights.
What Is Terrorism?
Terrorism, as defined under 18 U.S.C. § 2331, involves violent or dangerous acts intended to intimidate or coerce a civilian population, influence the policy of a government, or affect the conduct of a government by mass destruction, assassination, or kidnapping. Federal terrorism charges can arise from both domestic and international incidents and include a wide range of activities, such as:
Use of Weapons of Mass Destruction: Acts involving bombs, explosives, chemical, biological, or nuclear weapons.
Cyberterrorism: The use of computers or the internet to disrupt critical infrastructure or cause widespread harm.
Material Support of Terrorism: Providing resources, funds, or other support to terrorist organizations or individuals engaging in terrorism.
Acts of Terrorism Transcending National Boundaries: Acts of terrorism that involve U.S. citizens or property outside of the country.
Terrorism charges often carry enhanced penalties, reflecting the government's priority in prosecuting and preventing acts of terrorism. These cases can involve coordination between multiple federal agencies, including the Federal Bureau of Investigation (FBI), Department of Homeland Security (DHS), and Department of Justice (DOJ).
Case Law and Legal Precedents for Terrorism
Several significant cases have shaped how terrorism is prosecuted under federal law. In Holder v. Humanitarian Law Project, 561 U.S. 1 (2010), the Supreme Court upheld the constitutionality of the Material Support to Terrorists statute (18 U.S.C. § 2339B), which makes it a crime to provide material support to designated foreign terrorist organizations. This case set the precedent that even seemingly benign assistance, such as legal advice or humanitarian aid, could be considered criminal if it aids a terrorist group.
In United States v. Moussaoui, 591 F.3d 263 (4th Cir. 2010), Zacarias Moussaoui became the only individual charged in connection with the September 11, 2001 attacks. The case highlighted the use of the Classified Information Procedures Act (CIPA) to protect sensitive national security information while still allowing a fair trial for terrorism defendants.
Another important case is United States v. Al-Timimi, 524 F.3d 757 (4th Cir. 2008), where the court upheld the conviction of a defendant for soliciting others to join jihad and provide material support to terrorists. This case further demonstrated the government's broad powers in prosecuting individuals who support terrorist organizations, even if they do not directly engage in violent acts.
Penalties for Terrorism
Terrorism is one of the most severely punished crimes in the federal system. The penalties for terrorism under 18 U.S.C. § 2331 and related statutes can vary depending on the specific offense but generally include:
Fines: Individuals convicted of terrorism offenses can face fines of up to $250,000 or more, depending on the severity of the crime and its impact on national security.
Imprisonment: The statutory maximum penalty for terrorism is life in prison. In cases involving mass casualties or the use of weapons of mass destruction, the defendant may face life in prison without the possibility of parole or even the death penalty.
Death Penalty: In certain cases involving acts of terrorism that result in death, the death penalty may be imposed. This is especially true in cases involving the use of weapons of mass destruction or other heinous acts of violence.
In addition to these penalties, individuals convicted of terrorism may also face forfeiture of assets, the loss of citizenship (in some cases involving naturalized citizens), and other significant consequences. Federal sentencing for terrorism is determined by the U.S. Sentencing Guidelines, which provide an advisory range based on factors such as the number of victims, the defendant's role in the offense, and the type of terrorist activity involved.
Federal Investigations and Terrorism Charges
Terrorism cases are among the most heavily investigated crimes in the federal system. Agencies like the FBI, DHS, and the CIA often work together, along with international law enforcement agencies, to investigate suspected terrorism activities. These investigations may involve surveillance, wiretaps, confidential informants, and coordination with foreign governments. Terrorism investigations often span multiple years and can involve complex international components.
If you are under investigation for terrorism, it is critical to seek legal representation immediately. These cases are highly complex, and the government has broad powers to investigate and prosecute individuals suspected of terrorism-related activities. Having an experienced defense attorney by your side can help ensure that your rights are protected throughout the investigation and any subsequent legal proceedings.
Defenses Against Terrorism Charges
At Hofland & Tomsheck, we understand that terrorism cases are highly sensitive and involve national security concerns. We take a comprehensive approach to defending clients accused of terrorism, working to challenge the government's evidence and protect our clients' constitutional rights. Common defenses against terrorism charges include:
Lack of Intent: One of the key elements of terrorism is intent. The prosecution must prove that the defendant intended to intimidate, coerce, or influence government policy through acts of violence or threats. If the defendant did not act with this intent, the charges may not hold.
Material Support vs. Free Speech: In cases involving material support for terrorism, we may argue that the defendant's actions were protected by the First Amendment, particularly if they were providing humanitarian aid or engaging in political advocacy. This defense has been raised in several high-profile cases, although courts have generally upheld the Material Support to Terrorists statute.
Challenging Evidence: Terrorism cases often rely on classified or circumstantial evidence. We carefully scrutinize the government's evidence, challenge the admissibility of key documents or testimony, and raise doubts about the validity of the evidence used to prosecute the defendant.
Entrapment: In some cases, individuals may be coerced or manipulated into participating in terrorist activities by undercover agents or informants. If we can demonstrate that the defendant was entrapped by law enforcement, this can serve as a defense to terrorism charges.
Sentencing Guidelines for Terrorism
Federal sentencing for terrorism offenses is governed by the U.S. Sentencing Guidelines, which provide an advisory sentencing range based on several factors:
Number of Victims: Terrorism cases involving mass casualties or widespread harm generally result in enhanced penalties.
Use of Weapons of Mass Destruction: The use of bombs, chemical agents, or other weapons of mass destruction can result in life imprisonment or the death penalty.
Connection to Foreign Terrorist Organizations: If the defendant is linked to a designated foreign terrorist organization, this may lead to more severe penalties under federal law.
Federal judges follow the guidelines when determining sentences, but they also have discretion to impose sentences based on the specifics of the case. In terrorism cases, sentences are often enhanced due to the nature of the offense and the potential threat to national security.
Why Choose Josh Tomsheck for Your Terrorism Defense
Terrorism cases are among the most complex and high-stakes federal prosecutions, requiring an attorney with experience in national security law and federal criminal defense. Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with a deep understanding of terrorism statutes and a proven track record of defending clients against serious federal charges.
As a former prosecutor, Josh knows how the government builds its case and can anticipate the prosecution's strategies. He develops tailored defense strategies designed to challenge the government's evidence, discredit witnesses, and negotiate favorable outcomes for his clients. At Hofland & Tomsheck, we provide personalized, aggressive defense for clients facing terrorism charges in federal court.
Schedule Your Free, Confidential Consultation Today
If you are facing federal terrorism charges or are under investigation by federal authorities, contact Hofland & Tomsheck today to schedule a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, and Zoom sessions.
Call us at (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101. Let us help you protect your rights and build a strong defense against federal terrorism charges.
