Criminal Defense Lawyers

Federal Rioting Charges: Civil Unrest Prosecutions

The knock at your door comes three months after the protest. Two FBI agents with badges, asking you to “come downtown for some questions.” Or maybe its a phone call to your workplace – a federal prosecutor wants to talk. You thought exercising your First Amendment rights was protected speech. You thought if you hadn’t been arrested that night, you were in the clear. Now your facing federal rioting charges that carry up to 5 years in federal prison, and your family is terrified. This isn’t a misdemeanor citation your gonna pay off and forget – this is the full weight of the federal government aimed at you, with resources and determination that make state prosecutions look like practice runs. The next 72 hours will determine whether you protect yourself or make mistakes that destroy your defense before it starts.

What Just Happened – Understanding Federal vs. State Charges

First thing you need to understand: federal charges are categorically worse then state charges for the same conduct. We’re not talking about minor differences in procedure or slightly longer sentences. We’re talking about a completley different legal universe with consequences that will follow you for the rest of you’re life.

When people ask “Is there a federal law against rioting?” the answer is yes – actually there’s two main statutes. The federal rioting statute is 18 U.S.C. § 2101, which makes it a crime to travel in interstate commerce or use interstate commerce facilities with intent to incite, organize, or participate in a riot. The law carries a maximum penalty of five years in federal prison and substantial fines.

But the statute that’s being used more often in 2025 is 18 U.S.C. § 231 – the civil disorder statute. This law, passed in the 1960s during the civil rights era, makes it a federal crime to obstruct, impede, or interfere with law enforcement officers during a civil disorder. And here’s the thing that shocks most defendants: this statute is so vague that federal courts are now hearing constitutional challenges to whether it even gives fair notice of what conduct is actually illegal.

The punishment difference between state and federal is dramatic. A state rioting charge in California, for example, is typically a misdemeanor carrying up to one year in county jail and a $1,000 fine. The federal version? Up to five years in federal prison (not county jail), tens of thousands in fines, and a federal felony conviction that destroys you’re eligibility for federal student loans, federal housing, federal employment, and – if your not a citizen – triggers automatic deportation proceedings.

So why did you’re case go federal instead of staying at the state level? Here’s what most articles won’t tell you: federal prosecutors are increasingly cherry-picking cases that state prosecutors already declined to pursue. In October 2025, we saw this pattern play out in Los Angeles, where 10 individuals were arrested on federal complaints for conduct during anti-ICE protests – conduct that local authorities had passed on. The feds waited, reviewed the evidence, and decided to prosecute anyway.

This “second bite at the apple” is possible because of something called dual sovereignty. The state and federal government are seperate sovereigns, which means they can both prosecute you for the same conduct without violating double jeopardy protections. You think your safe because the local DA dropped the case? The U.S. Attorney’s office doesn’t care – they can still charge you federally.

The other major difference your gonna notice: federal cases take longer to develop but move faster once filed. State cases typically result in arrest at the protest or within days. Federal cases? The arrest often comes 3-6 months later, after a thorough FBI investigation that includes social media monitoring, witness interviews, and surveillance video analysis. By the time they knock on you’re door, they’ve already built most of their case.

The Charges You’re Actually Facing

Let me break down what federal prosecutors are actually charging protesters with in 2025, because the indictment language is gonna be confusing and you’re attorney might not explain it in plain English right away.

Federal Rioting (18 U.S.C. § 2101) is the classic charge. To convict you under this statute, prosecutors need to prove: (1) you traveled in interstate commerce or used interstate commerce facilities, (2) with intent to incite, organize, participate in, or carry on a riot, and (3) you performed or attempted to perform an act of violence in furtherance of the riot. The “interstate commerce” element is easier to prove then you think – using you’re cell phone to coordinate meeting friends at the protest counts. Checking the protest location on Google Maps? That’s interstate commerce. The jurisdictional hook is absurdly broad, which means virtually any protest can become federal if prosecutors want it to be.

Civil Disorder (18 U.S.C. § 231) is what most federal protest cases actually charge these days. This statute makes it illegal to obstruct, impede, or interfere with law enforcement during a civil disorder. The October 2025 arrests in Los Angeles? All charged under this statute. The problem – and this is where constitutional challenges are gaining traction – is that the statute doesn’t clearly define what level of “obstruction” crosses the line from lawful protest into federal crime. If you stood in front of a police line but didn’t touch anyone, is that obstruction? If you refused to disperse when ordered but didn’t resist physically, does that count? Defense attorneys are arguing the statute is unconstitutionally vague, and some courts are receptive to this argument.

But here’s what terrifies defendants the most: conspiracy charges. Federal prosecutors love conspiracy charges for protests because they turn individual actions into group liability. Under conspiracy law, your responsible not just for what you did, but for what anyone in the conspiracy did in furtherance of the conspiracy. That person you met once at the protest who yelled “fight back”? If prosecutors can establish you were part of a conspiracy with them, their words become evidence against you. The guy who threw a brick at a federal building? If he’s in the conspiracy, you can be liable for that property damage even if you never threw anything yourself. This is the same legal tactic used against organized crime syndicates, now applied to protests.

What crimes are protesters actually charged with? Based off recent cases, the most common charges are:

• Obstruction of law enforcement during civil disorder (18 U.S.C. § 231)
• Federal rioting (18 U.S.C. § 2101)
• Assault on a federal officer (18 U.S.C. § 111) – even pushing past an officer can qualify
• Conspiracy to commit civil disorder
• Destruction of federal property (18 U.S.C. § 1361)
• Inciting a riot vs. participating in a riot (different intent elements)

The assault on federal officer charge is especially dangerous. If prosecutors can prove you “forcibly assaulted, resisted, opposed, impeded, intimidated, or interfered with” a federal officer, your looking at up to 8 years in prison. And “forcibly” has been interpreted broadly – courts have upheld convictions where defendants merely pushed against officers who were blocking their path.

One more thing nobody tells you: whether your charged with a misdemeanor or a felony is often arbitrary. Two people doing identical things at the same protest can recieve wildly different charges based off factors that have nothing to do with their conduct. Did prosecutors decide they need leverage to flip you as a witness against someone else? Felony. Do they perceive you as a “leader” based off social media posts? Felony. Are you just a random participant they caught on video? Maybe misdemeanor, maybe felony – it depends on what kind of example they want to make.

Why Your Case Went Federal (Not State)

So why you and why federal? This is the question that keeps defendants up at night, and the answer is gonna make you angry because its less about what you did and more about prosecutorial discretion and political priorities.

Interstate commerce triggers are the technical reason, but they’re basically meaningless as a real limitation. Did you travel across state lines to attend the protest? That’s classic interstate travel under 18 U.S.C. § 2101. But even if you live down the street from where the protest occured, federal jurisdiction can still attach. Used your phone to coordinate with friends? Interstate commerce facility. Posted about the protest on Facebook or Twitter? Interstate commerce. Checked directions on your GPS? You’ve engaged interstate commerce. The Congressional Research Service has documented just how expansive this jurisdictional hook has become – courts have held that virtually any use of telecommunications or internet satisfies the interstate commerce requirement.

But the real reason cases go federal usually comes down to these factors:

Federal property or officers were involved. If the protest occured at a federal building, involved federal law enforcement (ICE, FBI, U.S. Marshals, federal protective service), or affected federal operations, prosecutors view it as inherently federal. The October 2025 wave of prosecutions for anti-ICE protests? All triggered because ICE facilities and ICE officers were the targets. When protesters block ICE vehicles or interfere with ICE operations, that’s federal jurisdiction without question.

State prosecutors declined the case. This is the one that outrages defense attorneys. Local DAs review protest arrests and decline charges because the evidence is weak, the conduct was protected speech, or prosecution wouldn’t serve justice. Then federal prosecutors swoop in and charge the exact same conduct under federal statutes. Why? Because federal prosecutors have different priorities, different political pressures, and frankly, different budgets. The U.S. Attorney’s office isn’t worried about county jail overcrowding or local political backlash. They have unlimited resources compared to state DAs, and there willing to spend $100,000 investigating and prosecuting a case that a local prosecutor wouldn’t spend $5,000 on.

Political visibility matters. And this is where things get uncomfortable. In October 2025, two federal prosecutors were placed on administrative leave simply for using the terms “mob” and “rioters” in January 6 cases. Think about what that signals: federal riot prosecutions have become so politically charged that even the language prosecutors use can get them suspended. Your case may be influenced less by the facts and more by the current political climate. Are immigration enforcement protests a priority for the current administration? Then anti-ICE protests get federal attention. Are law enforcement support politically important? Then cases involving violence against officers get fast-tracked to federal court.

Violence against federal officers almost always triggers federal prosecution. If prosecutors can prove you assaulted, threatened, or interfered with a federal officer – even if state charges were filed first – expect federal charges to follow. Federal law enforcement agencies push aggressively for federal prosecution when their officers are involved.

Can you be charged federally even if state charges were dropped? Absolutely. The dual sovereignty doctrine means the federal and state governments are seperate entities, and prosecution by one doesn’t bar prosecution by the other. We’ve seen this pattern repeatedly in 2025: state prosecutors decline charges or offer minimal misdemeanor pleas, then federal prosecutors indict on felony charges months later. Its not double jeopardy because its not the same sovereign prosecuting you twice – its two different governments exercising independant authority.

The 2025 enforcement landscape has shifted dramatically toward anti-ICE protest prosecutions. If you’re case involves immigration enforcement protests, you’re in a new category of federal priority that didn’t exist 18 months ago. The October 2025 arrests in Los Angeles represent a broader pattern we’re seeing nationwide – federal authorities are treating immigration enforcement protests as a distinct category with heightened scrutiny and more aggressive charging decisions.

The First 72 Hours – What You Must Do NOW

Okay, look – this is where most people mess up they’re entire defense, so pay attention (and I mean that). The first 48-72 hours after you become aware of federal interest in you – whether that’s an arrest, an FBI visit, or just hearing that others from the protest got charged – these hours are critical. What you do right now matters more then anything you’ll do for the next six months.

DO NOT TALK TO FEDERAL AGENTS. Period. I don’t care how friendly they seem. I don’t care if they say “we just want to hear you’re side” or “this is your chance to explain what really happened.” I don’t care if they promise that cooperating will help you. DO NOT TALK TO THEM. Not without a federal criminal defense attorney present. And I’m talking about a real federal criminal defense attorney, not the DUI lawyer you’re cousin used or the family law attorney your sister knows.

Federal agents are trained interrogators who know exactly how to get you to say things that sound innocent but destroy your defense later. They’ll tell you they already have enough evidence to charge you (maybe they do, maybe they don’t), that cooperating is you’re only chance (its not), that if you don’t talk now they’ll assume your guilty (they already think that). Every single thing they say is designed to get you talking, and every single thing you say – even explanations that sound exculpatory to you – will be used against you.

The only words you need to know: “I’m invoking my right to remain silent and I want a lawyer.” Then shut up. Don’t try to be polite and explain why your invoking your rights. Don’t ask questions about what they’re investigating. Don’t tell them you understand where they’re coming from. Say the magic words and then – this is crucial – actually remain silent.

Preserve evidence immediately. You’ve got a 30-90 day window before critical evidence disappears, and most defendants don’t realize this untill its too late. Here’s what you need to preserve right now:

• Surveillance video – Businesses, traffic cameras, private security cameras near the protest location. This footage often shows that you weren’t the person who committed violence, weren’t refusing to disperse, or were physically prevented from leaving by police formations. But this footage gets deleted or recorded over after 30-90 days. You need to send preservation letters to every business and government entity with cameras in the area. Not next month – this week.
• Your phone’s location data – Download your Google Timeline, Apple location history, and any other GPS data showing where you actually were during the protest. This can prove you weren’t at the location where violence occured, or that you left before things escalated. But you need to download it now before it gets automatically deleted.
• Social media posts – Both yours and others. Screenshot everything related to the protest – posts, photos, videos, comments. Prosecutors are definitely mining this data, and you need to know what they’re seeing. But also screenshot posts that support your defense – people discussing the peaceful nature of the protest, photos showing police aggression, videos showing you leaving early.
• Witness contact information – People you were with, people who saw you, people who can testify about what actually happened. Memories fade fast, people move, phone numbers change. Get contact information for every potential witness right now.
• Medical documentation – If you were injured by police, if you have anxiety or panic that affected your ability to understand police commands, if you have hearing problems that prevented you from hearing dispersal orders – document it now with medical records.
• Your clothes and belongings – What you were wearing, what you were carrying. Don’t wash the clothes – they may have evidence of tear gas exposure, paint from police markings, or other forensic evidence that supports your defense.

Social media lockdown protocol. Stop posting. Like, completely stop. Prosecutors are mining your social media history from weeks or months before the protest to establish intent. A post from three weeks before saying “ready to fight for justice” or sharing a meme about revolution? That’s gonna be Exhibit A in the prosecutor’s case that you had premeditated intent to engage in violence. Even posts from after the protest can destroy you – anything that sounds like your bragging about participation, defending the violence, or threatening future action will be used against you.

But don’t delete anything either. Deleting social media posts after your under investigation is destruction of evidence and can be charged seperately. The solution: stop posting new content, preserve what exists, and lock down your privacy settings to the maximum extent possible. Make everything private. Remove tags. Untag yourself from photos others posted.

Find a federal criminal defense attorney immediately. And I’m not talking about calling around to lawyers who handle state DUIs or divorce cases. You need someone who regularly practices in federal court, understands federal criminal procedure, has relationships with federal prosecutors and federal judges, and knows the difference between state and federal sentencing. This is gonna cost you – we’ll talk about that in a minute – but the difference between a federal specialist and a general practitioner is the difference between someone who knows the game and someone who’s learning as they go.

How do you find one? State bar associations have federal criminal defense specialization directories. The National Association of Criminal Defense Lawyers has a lawyer finder tool. Ask other federal criminal defense attorneys for referrals – they know who’s actually good vs. who just claims to be. But don’t wait – every day you delay is a day evidence disappears and witnesses’ memories fade.

Here’s the thing nobody tells you about timing: you might not be arrested yet, but you could already be under investigation. The FBI doesn’t knock on your door the day after the protest – they spend months building the case first. If you heard that other people from the protest were arrested or contacted by federal agents, assume your also on the list and act accordingly. Don’t wait for the arrest to start protecting yourself.

Understanding Federal Criminal Procedure (What’s Different)

Federal court is a different beast then state court, and if your attorney keeps saying “well in state court we would…” that’s a red flag that they don’t have enough federal experiance. Let me walk you through what’s actually different and why it matters.

Grand jury indictments replace preliminary hearings. In state court, you typically get a preliminary hearing where a judge decides if there’s probable cause to proceed. In federal court, the prosecutor presents evidence to a grand jury (23 citizens) in a secret proceeding where you and your attorney aren’t present and can’t challenge the evidence. The grand jury then decides whether to issue an indictment. Grand juries indict in something like 99% of cases because the proceeding is completley one-sided – prosecutors present whatever evidence they want without challenge.

The grand jury process also means prosecutors can compel testimony from witnesses under subpoena, and those witnesses can’t have their attorneys in the grand jury room with them. So if the FBI wants to question you’re friends about what you said before the protest, about plans you discussed, about social media posts – they can subpoena them to the grand jury and they have to answer or face contempt charges.

Federal detention vs. bail bondsmen is a huge difference. In state court, most defendants can post bail through a bondsman – you pay 10% and the bondsman fronts the rest. In federal court, there’s no bail bondsmen system. You either get released on your own recognizance, released with conditions (GPS monitoring, home detention, third-party custodian), or you stay detained until trial. Federal judges consider different factors then state judges: danger to the community, risk of flight, and whether you’re a threat to obstruct justice. If the judge detains you pretrial, your going to a federal detention center – not county jail – which could be hours away from you’re family.

Federal pretrial detention is also much harder to overturn. Unlike state systems where you can keep asking for bail reductions, federal detention orders are difficult to challenge and appellate courts rarely overturn them.

Discovery timelines are longer and more complex. Federal prosecutors have to turn over exculpatory evidence (Brady material) and evidence they plan to use at trial, but the timelines are different then state court. Federal cases involve more complex discovery – thousands of pages of FBI reports, surveillance video, social media records, cell phone data. You’re attorney needs to review all of it, which takes time and costs money (more on that in a second).

Federal sentencing guidelines are a whole different system. Unlike state sentencing, which often has minimum and maximum ranges with lots of judicial discretion, federal sentencing follows guideline calculations based off offense levels and criminal history categories. The guidelines calculate a specific sentencing range, and while judges can vary from it, they need to explain why. This means federal sentences are more predictable but also more rigid – there’s less room for a judge to show mercy based off individual circumstances.

The other thing about federal sentencing: cooperation is heavily incentivized. If you provide “substantial assistance” to prosecutors in investigating or prosecuting others, you can get a significant sentencing reduction. This is why federal prosecutors love conspiracy charges – they create pressure for defendants to flip on each other to reduce they’re own sentences.

Trial timelines are different. Federal trials move faster then state trials in some ways (speedy trial act requires trial within 70 days of indictment, though this gets extended frequently), but they also involve more complex jury selection, more extensive expert testimony, and longer trials overall. A state riot case might have a 2-3 day trial. A federal case could last a week or more.

And here’s the cost reality that shocks most defendants: federal criminal defense costs $50,000-$200,000+. That’s not a typo. A federal misdemeanor might cost $50,000 to defend properly. A federal felony with trial? Easily $150,000-$200,000 or more. Why so expensive? Federal procedure is more complex, discovery is more voluminous, federal attorneys charge higher rates (because federal practice requires more specialization), and trials take longer.

If you can’t afford that – and most protesters can’t – you’ll be appointed a federal public defender or CJA (Criminal Justice Act) panel attorney. Federal public defenders are generally excellent attorneys who know federal court better then many private attorneys. But they’re also overwhelmed with cases and may not have the time to pursue every possible defense strategy or investigation angle.

The timeline from protest to resolution in federal court typically looks like this: (1) Protest occurs, (2) FBI investigation for 3-6 months, (3) Arrest or surrender, (4) Initial appearance and detention hearing within days, (5) Grand jury indictment within weeks, (6) Arraignment and plea, (7) Discovery and motion practice for 3-6 months, (8) Trial or plea within 6-12 months of arrest. Total timeline: 12-18 months from protest to resolution is typical, though complex cases can take longer.

Your Defenses (What Actually Works)

Let’s be honest about defenses, because alot of what you’ll read online is either overly optimistic or just wrong. The First Amendment protects protest, but it doesn’t protect violence or interference with law enforcement. So when we talk about defenses, we need to separate what sounds good from what actually works in federal court.

First Amendment defenses work when your conduct was pure speech and prosecutors are trying to criminalize protected expression. If you were chanting slogans, carrying signs, or peacefully marching – that’s protected. If you were giving speeches or handing out flyers – protected. The problem is that most federal riot prosecutions aren’t charging pure speech. They’re charging conduct – obstructing officers, throwing objects, refusing to disperse, property destruction. The First Amendment doesn’t protect conduct just because it occurs during a protest.

That said, there’s a important principle called content-based vs. content-neutral restrictions. The government can’t target you for the political message of your protest (content-based), but they can enforce neutral time, place, and manner restrictions (content-neutral). If prosecutors charged everyone who blocked that street, your probably facing a valid content-neutral enforcement. If they only charged protesters with your political viewpoint while letting counter-protesters who did the same thing go free, that’s viewpoint discrimination and a viable defense.

Lack of intent to incite violence is crucial for federal rioting charges under 18 U.S.C. § 2101. Prosecutors need to prove you had the specific intent to incite, organize, promote, or participate in a riot. If you went to a peaceful protest that unexpectedly turned violent, and you didn’t participate in the violence, you lack the requisite intent. The challenge is that prosecutors will use your social media posts from before the protest to try to establish intent. This is why that Facebook post from three weeks earlier saying “burn it down” is so damaging – it’s evidence of intent.

Mistaken identity works better then you’d think in chaotic protest situations. Prosecutors often rely on surveillance video, but protesters wearing similar clothes and masks can be difficult to identify definitively. If the government’s case depends on video showing someone in a black hoodie and jeans committing violence, and you can show that dozens of people at the protest wore black hoodies and jeans, you’ve created reasonable doubt. This is where that surveillance video preservation comes in – your attorney can use other camera angles to show it wasn’t you, or that the person prosecutors identified can’t be definitively identified.

Jurisdictional challenges based off insufficient interstate nexus are rare but occasionally work. If prosecutors can’t prove you used interstate commerce or traveled interstate, they lack jurisdiction. The problem is that the interstate commerce requirement is so watered down that virtually any cell phone use or internet access satisfies it. But if you can show you were a local resident who walked to the protest, didn’t use your phone, and didn’t communicate with anyone across state lines, you might challenge jurisdiction.

Constitutional vagueness challenges to the civil disorder statute are gaining traction in federal courts. Defense attorneys are arguing that 18 U.S.C. § 231 doesn’t give fair notice of what conduct constitutes “obstructing” law enforcement during a civil disorder. If you stood in the street during a protest, is that obstruction? If you refused to disperse immediately but didn’t resist physically, does that count? The statute doesn’t define these terms with enough precision, and some courts have found this problematic. This defense requires sophisticated constitutional litigation, but it’s worth pursuing if you’re charged under this statute.

Entrapment by undercover agents is more relevant then you might think. Federal investigations of protest groups often involve undercover agents or confidential informants who attend planning meetings, join social media groups, and participate in protests. If a undercover agent encouraged or facilitated illegal conduct that you wouldn’t have engaged in otherwise, that’s potentially entrapment. The key is showing you weren’t predisposed to commit the crime – the government agent created the crime rather then just providing opportunity.

Alibi and timeline defenses require solid evidence. If you can prove you left before the violence started, weren’t at the location where crimes occured, or were elsewhere entirely, that’s a complete defense. This is where your cell phone location data, witness testimony, and surveillance video preservation becomes critical. But you need objective evidence – your own testimony that you left early isn’t enough by itself.

Here’s what doesn’t work as well as people think: “I was just exercising my First Amendment rights” as a blanket defense to all conduct. “I didn’t know it was illegal” – ignorance of law isn’t a defense. “Everyone else was doing it” – not a defense to your own conduct. “The police were the aggressors” – while this might explain why the protest turned chaotic, it doesn’t necessarily excuse your participation in illegal conduct.

The reality is that most federal cases end in plea bargains, not trials. Approximately 90% of federal criminal cases resolve through guilty pleas. Why? Because federal prosecutors tend to only bring cases they’re confident they can win, they have massive resource advantages, and the sentencing benefits for pleading guilty early (acceptance of responsibility) are significant. This doesn’t mean you should plead guilty automatically – it means you need to realistically assess the evidence against you with your attorney and make a strategic decision.

The Consequences Nobody Tells You About

Everyone knows that a federal conviction means prison time and a criminal record. What they don’t tell you is the collateral consequences that destroy you’re life in ways that have nothing to do with the prison sentence itself. These are automatic statutory triggers that happen whether the judge wants them to or not.

Federal prison is fundamentally different then county jail. Your not going to the local county lockup where you can see your family on weekends. Your going to a federal prison that could be hundreds or thousands of miles from your home. The federal Bureau of Prisons assigns inmates based off security classification and bed availability, not proximity to family. I’ve seen defendants from California sent to federal prisons in Pennsylvania or Florida. Your family will struggle to visit, phone calls are expensive, and the isolation compounds the punishment.

Federal prisons also have different conditions then state facilities. Depending on your security classification (minimum, low, medium, high), you could be in a prison camp (minimum security, no fence, relatively relaxed) or a high-security facility with significant restrictions. Even minimum security federal camps are still prison – your separated from society, your freedom is gone, and your missing years of your life.

Federal student loans – if you have a federal conviction for any offense that occured during a period you were receiving federal student aid, you become ineligible for future federal student loans, Pell grants, and federal work-study. This is a automatic consequence written into the Higher Education Act. You can’t complete your degree if you rely on federal aid. You can’t go back to school later. Your educational future is finished unless you can pay out of pocket or find private loans (which typically require creditworthy co-signers most people don’t have).

Federal housing assistance – a federal conviction makes you ineligible for public housing and Section 8 housing vouchers. If you or your family rely on federal housing assistance, a conviction means eviction and ineligibility for future assistance. This often creates homelessness or forces families into overcrowded, unsafe housing situations.

Professional licenses – doctors, lawyers, nurses, teachers, accountants, real estate agents, contractors – basically any profession that requires state licensing will face consequences from a federal felony conviction. Many state licensing boards have mandatory revocation or suspension rules for felony convictions. Even if revocation isn’t mandatory, the licensing board will review your conviction and determine if your fit to practice. A federal riot conviction suggests violence and disregard for law enforcement, which licensing boards view unfavorably.

Immigration consequences for non-citizens are catastrophic. A federal conviction for a crime of violence or aggravated felony triggers automatic deportation proceedings. There’s no discretion, no ability to argue hardship or family ties. The conviction makes you deportable, period. Even lawful permanent residents (green card holders) who’ve lived in the U.S. for decades face deportation. And once your deported, your barred from returning – often permanently.

For non-citizens, even seemingly minor federal convictions can have immigration consequences. A conviction that a U.S. citizen could plead guilty to and move on from can mean permanent separation from family, loss of livelihood, and deportation to a country you haven’t lived in since childhood. This is why non-citizen defendants need attorneys who understand both federal criminal law AND immigration consequences – many federal criminal defense attorneys don’t fully grasp immigration law.

Gun rights – federal felony convictions result in permanent loss of firearm ownership rights under 18 U.S.C. § 922(g). You can’t own, possess, or purchase firearms. This is a lifetime ban with very limited exceptions.

Voting rights – this varies by state, but many states prohibit voting while incarcerated for a felony and/or while on federal supervised release. Some states permanently disenfranchise felons unless rights are restored through a pardon or rights restoration process.

Jury service eligibility – federal felons are typically prohibited from serving on juries. This seems minor, but its another way the conviction marks you as a second-class citizen.

Federal employment – you can’t work for the federal government or for most federal contractors with a federal felony conviction. Given how many industries have federal contracts (defense, aerospace, technology, healthcare), this eliminates huge portions of the job market. Background checks will reveal your federal conviction forever.

Restitution orders – if property was damaged during the protest, the court can order you to pay restitution. Here’s the nightmare scenario: 20 defendants are charged in connection with a protest where $500,000 in property damage occured. The court can order all 20 defendants to pay joint and several restitution, meaning each defendant could be liable for the entire $500,000 (not just their individual share). You’ll be making restitution payments for years or decades.

Supervised release – after you complete your prison sentence, you’ll be on supervised release (similar to probation) for up to three years. During supervised release, you report to a probation officer, comply with conditions (employment requirements, drug testing, travel restrictions, association restrictions), and can be sent back to prison for violations. Its not freedom – its continued government control over your life.

The total cost of a federal conviction – when you add up prison time, lost earning potential, legal fees, inability to access federal benefits, professional license loss, and collateral consequences – easily exceeds $1 million for most defendants over a lifetime. That’s not a exaggeration. Your talking about 20-40 years of reduced earning capacity, inability to access federal student aid for you or your children, housing instability, and permanent employment barriers.

Your Next Move

If your facing federal rioting charges – or if you think you might be under investigation – your next 48 hours are critical. Don’t wait for formal charges. Don’t assume that because you haven’t been arrested yet that your in the clear. Federal investigations move slowly but deliberately, and by the time they arrest you, they’ve already built most of they’re case.

First phone call: federal criminal defense attorney. Not tomorrow, not next week – today. Look for attorneys who regularly practice in federal court, who have experience with protest cases or political prosecutions, and who understand both the legal and practical realities your facing. Ask about they’re experience with cases like yours, what they see as the biggest challenges, and what the realistic outcomes are. Don’t hire someone who promises you they can definitely win – hire someone who tells you the truth about the risks.

Second priority: evidence preservation. Every day you wait is a day surveillance footage gets deleted, witnesses forget details, and you’re digital trail becomes harder to reconstruct. Send preservation letters, download location data, screenshot social media, and get witness contact information. Your attorney can help with formal preservation demands, but you can start the process immediately.

Third: shut up. Stop talking about the protest, stop posting on social media, stop discussing your case with anyone except your attorney. Anything you say can and will be used against you – that Miranda warning isn’t just words, its reality. Friends, family, cellmates if your detained, people in Facebook groups – assume anything you tell them will make it to prosecutors.

The federal criminal justice system is intimidating, expensive, and designed to secure convictions. But its not hopeless. Defendants win federal cases, charges get dismissed, plea deals get negotiated to minimize consequences. The key is acting fast, preserving your rights, and getting experienced help before you make mistakes that can’t be undone.

You went to a protest believing in a cause. Now your facing federal prosecution that threatens you’re freedom and future. What happens next depends on the decisions you make in the next 48-72 hours.