What is the Punishment for Treason in the United States?

If you or a loved one has been accused of treason, you're likely feeling overwhelmed and terrified about what comes next. Treason is one of the most serious federal crimes a person can be charged with. A treason conviction carries the possibility of the death penalty or life in prison.At Spodek Law Group, we understand how high the stakes are if you're facing a treason charge. Our experienced federal criminal defense attorneys are here to protect your rights and mount the strongest possible defense on your behalf. We have a proven track record of successfully defending clients against even the most serious federal charges.In this article, we'll explain the federal laws against treason, the potential penalties, and what you can expect if you've been charged. Most importantly, we'll discuss how our skilled legal team can help fight for your freedom and future. If you've been accused of treason, the most important step you can take is contacting an experienced federal defense lawyer immediately. Call the Spodek Law Group anytime at 212-300-5196 for a free and confidential consultation about your case.

What Constitutes Treason Under Federal Law?

The crime of treason is defined in the U.S. Constitution under Article III, Section 3. This section states:"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."Based on this definition, there are two main ways a person can commit treason:

1. Levying war against the United States
2. Providing aid and comfort to enemies of the United States

Levying WarTo be convicted of levying war against the U.S., the prosecution must prove that you assembled forces to overthrow the government or resist its laws. Simply conspiring to levy war is not enough - you must have committed some overt act such as organizing an armed rebellion.Providing Aid and Comfort to EnemiesProviding aid and comfort to enemies means helping nations or groups who are in open hostility with the United States. This could include providing financial assistance, supplies, or classified information to terrorist organizations or nations we are at war with. Even if your motive was not to betray your country, you can still be convicted of treason if you intentionally helped an enemy of the U.S.Treason is unique from other crimes in that the Constitution specifies the evidence required for a conviction. The prosecution must either have two witnesses testify to the same "overt act" of treason or your own confession in open court. This high standard of evidence shows how seriously the Founding Fathers viewed an accusation of treason.

What are the Penalties for Treason?

Under federal law (18 U.S. Code § 2381), the maximum punishment for treason is death. If a death sentence is not imposed, defendants face a minimum of 5 years in federal prison and a fine of at least $10,000. There is no parole in the federal prison system. Probation is not an option in treason cases.In addition to prison time and fines, anyone convicted of treason is permanently disqualified from holding any office in the United States. All these potential penalties underscore the gravity of a treason charge. With your life and liberty on the line, you need the best federal defense attorney you can find.While the maximum sentence for treason is death, this has been rarely imposed. The last executions for treason took place during the 1940s and 50s for Americans convicted of aiding Axis powers during World War II. More recent treason convictions have resulted in lengthy prison sentences rather than death: It's important to note that treason charges are very rare - fewer than 30 Americans have ever been charged with treason against the U.S. The last treason indictment was in 1954. But in the aftermath of the January 6, 2021 attack on the U.S. Capitol, there has been renewed discussion about using treason charges against certain rioters. So far, the Justice Department has not charged anyone with treason related to January 6th. Most defendants are facing charges of obstruction of an official proceeding, assault, and entering a restricted building. But if evidence emerges that rioters coordinated with foreign enemies, treason charges could potentially be on the table.

Defenses to Treason Charges

"If you've been charged with treason, you're probably feeling scared and hopeless. But don't give up! There ARE defenses available, and our battle-tested attorneys at Spodek Law Group will explore every possible avenue to protect your freedom," says attorney Todd Spodek, managing partner at Spodek Law Group.Some common defenses against treason charges include:

• Lack of intent: The prosecution must prove you acted intentionally to betray the U.S. If your actions were accidental or coerced, that can form the basis of your defense.
• Insufficient evidence: Remember, treason convictions require either a confession or the testimony of two witnesses to an overt act. If the prosecution lacks this evidence, they cannot prove their case beyond a reasonable doubt.
• Entrapment: If government agents induced you to commit treason that you otherwise would not have, entrapment can be a defense. But this is a very high bar.
• Insanity: If a mental disease or defect prevented you from appreciating the criminality of your conduct, an insanity defense may be an option. But in federal cases, it's very difficult to prove.

"We approach each case individually and craft a personalized defense strategy for every client. Our team includes former federal prosecutors who know how the other side thinks. We'll use our insider knowledge to identify the weaknesses in the prosecution's case and relentlessly fight for you," attorney Spodek explains.

Hire the Federal Criminal Defense Attorneys at Spodek Law Group

A treason charge is probably the most serious situation you will ever face. You need a defense team that is up to the challenge and has a track record of success in federal cases. At Spodek Law Group, we've been defending clients nationwide against federal charges for decades. We have the experience, skills, and dedication to provide the strongest possible defense."Our attorneys treat every case like it was our own family member in trouble. We understand what's at stake and we'll be by your side every step of the way, working tirelessly to achieve the best possible outcome," says attorney Todd Spodek. "We're available 24/7 to answer your questions and address your concerns. Your case will be our top priority."Don't face a treason charge alone. You need an aggressive defense team in your corner that won't back down from a fight. Call the Spodek Law Group today at 212-300-5196 or contact us online to arrange a free, confidential consultation. Let us put our experience to work for you.