How Much Prison Time Do You Get for Civil Rights Violations?

At Spodek Law Group, we understand how serious federal civil rights violations are and the severe consequences they carry. If you or someone you know has been charged with violating someone's civil rights under federal law, it's crucial to understand the potential penalties and prison time you could be facing. Our experienced federal criminal defense attorneys are here to break down the law and penalties for civil rights violations under 18 U.S.C. § 242.

What is 18 U.S.C. § 242?

18 U.S.C. § 242, often referred to simply as "Section 242", is a federal criminal statute that makes it illegal for anyone acting under "color of law" to willfully deprive a person of their rights protected by the Constitution or laws of the United States. In simpler terms, it prohibits government officials, including police officers, from violating a person's civil rights.Section 242 has a long history dating back to the Civil Rights Act of 1866. It was later amended in 1874 and several times since then, but the core prohibition against depriving someone of their civil rights has remained largely the same. The statute falls under the enforcement powers granted to Congress by the 14th Amendment.

Elements of a Section 242 Violation

To convict someone under Section 242, federal prosecutors must prove the following elements beyond a reasonable doubt:

1. The defendant acted under color of law
2. The defendant's conduct deprived the victim of a right protected by the Constitution or laws of the U.S.
3. The defendant acted willfully, meaning with the specific intent to deprive the victim of that right

"Under color of law" means the person was acting in their official government capacity or pretending to do so. This could apply to police officers, prison guards, judges, and other public officials who abuse their power.The "willfulness" element is key - it requires proving the defendant knew their actions would deprive the victim of their civil rights. Accidents or mistakes are not enough for a conviction.

Penalties for Civil Rights Violations Under Section 242

The penalties for violating Section 242 are severe, reflecting how seriously the federal government takes civil rights abuses by public officials. The basic maximum sentence is a fine and/or up to one year in federal prison.However, if the civil rights violation results in bodily injury to the victim, the maximum penalty increases to up to 10 years in prison. If the violation includes kidnapping, aggravated sexual abuse, or an attempt to kill, the maximum sentence is life in prison. Finally, if the civil rights violation results in death, the defendant could face life in prison or even the federal death penalty.Here is a table summarizing the penalties: It's important to note that there is no parole in the federal prison system. This means defendants convicted under Section 242 must serve at least 85% of their sentence before being eligible for release.

Real-Life Examples of Section 242 Prosecutions

To better understand how this law is applied, let's look at some real cases of civil rights violations prosecuted under Section 242:

• In 2021, Derek Chauvin, the former Minneapolis police officer convicted in the murder of George Floyd, was sentenced to 21 years in federal prison for violating Floyd's civil rights. Chauvin pleaded guilty to using unreasonable force and ignoring Floyd's medical needs.
• In 1991, Los Angeles Police Department officers Stacey Koon and Laurence Powell were convicted under Section 242 for using unreasonable force in the violent arrest and beating of Rodney King. They were sentenced to 30 months in federal prison.
• In 2016, former South Carolina police officer Michael Slager pleaded guilty to violating the civil rights of Walter Scott, an unarmed Black man Slager fatally shot as he ran away from a traffic stop. Slager was sentenced to 20 years in prison.

As these examples show, Section 242 is a powerful tool for holding police and other officials accountable when they willfully violate someone's civil rights. Prosecutions are relatively rare, but tend to involve serious abuses like unreasonable force, sexual misconduct, and deliberate indifference to medical needs or safety.

Defenses to Civil Rights Charges

If you are facing federal civil rights charges under Section 242, you need an aggressive and skilled defense attorney on your side immediately. There may be defenses available depending on the facts of your case, such as:

• Lack of willfulness - The government has a high burden to prove you specifically intended to violate the victim's civil rights. If your actions were accidental, negligent, or based on a misunderstanding of the law, this could be a defense.
• Justified use of force - Police officers are allowed to use reasonable force when necessary to make an arrest or defend themselves or others. If the force was objectively reasonable under the circumstances, this could be a defense even if the suspect was injured.
• Insufficient evidence - Prosecutors must prove every element of a Section 242 charge beyond a reasonable doubt. If there are weaknesses in the evidence, such as unreliable witnesses or contradictory testimony, this could lead to an acquittal.
• Entrapment - In rare cases, an officer might be able to argue they were induced or persuaded to commit the civil rights violation by government agents. However, this is a difficult defense that rarely succeeds.

The best defense will depend heavily on the specific facts of your case. This is why it's crucial to consult with an experienced federal criminal defense attorney as soon as possible if you are under investigation for or charged with a civil rights violation.

Choosing the Right Federal Defense Attorney

At Spodek Law Group, we have decades of experience defending clients against all types of federal charges, including civil rights violations under Section 242. We understand the high stakes in these cases and what it takes to mount an aggressive defense to protect your freedom and future.Our team includes former federal prosecutors who know how the government builds and tries these cases. We use this insider knowledge to find weaknesses in the prosecution's evidence and arguments to pursue the best possible outcome for each client.We also understand the toll a federal criminal case can take on your life and reputation. We are here to guide you through every step of the process with compassion and tireless advocacy. You can count on us to be accessible, responsive, and relentless in fighting for your rights.

Don't Face Federal Charges Alone - Contact Us Today

If you or a loved one is facing a federal civil rights investigation or charges under 18 U.S.C. § 242, the time to act is now. The sooner you involve an experienced federal defense attorney, the better your chances of avoiding or minimizing the life-changing consequences of a conviction.At Spodek Law Group, we are here to provide the aggressive defense you need and the personal attention you deserve. We offer free and confidential consultations to discuss your case and how we can help. Call us today at 212-300-5196 or visit our website at https://www.federallawyers.com to learn more.Don't face the federal government's vast resources alone. Let our skilled and dedicated civil rights defense attorneys fight for you. Contact Spodek Law Group now to get started on your defense.