The Criminal Charges That Pro-Trump Rioters Could Face

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Former federal prosecutors say that some of the rioters may face rarely used and extremely serious charges.

There are a number of misdemeanor and felony charges that could be levied against the rioters. According to Channing Phillips, who served as acting U.S. attorney for the District of Columbia from 2015 to 2017, some of the local and federal charges prosecutors might consider include felony destruction of government property, weapons-related offenses, assault, and rioting. These could carry simply fines—or years in prison.

“This was an effort, it appears, to undermine the lawful functioning of fundamental processes of our democracy,” Jones said. “I’m sure the U.S. attorney for the District of Columbia is going to be dusting off those law books and looking through the statutes that are sufficient to fit the seriousness of the crimes here.”According to Carissa Byrne Hessick, a criminal law professor at the University of North Carolina at Chapel Hill, prosecutors might also consider federal terrorism charges.

Legal experts agree that any leaders identified will face many years in prison. Those on the scene when a woman was fatally shot could face increased penalties as well, even if a police officer fired the fatal shot. “From a prosecutor’s perspective, the fact that someone died as a result of the chaos today will heighten the sense that there needs to be accountability for those who were responsible for fomenting the violence,” Jones said.

 

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