NY Terrorism Criminal Lawyer

Facing terrorism charges in New York can be a daunting experience. The legal complexities involved in terrorism cases can leave you feeling uncertain about the future. Remember, you have rights and don’t have to face this situation alone.

Attorney Mehdi Essmidi is a former New York City Prosecutor. He’s seen terrorism cases from both sides of the courtroom. Our firm can fight for you if you’re accused of terrorism. We know your freedom, future, and your reputation are at stake.

If you’ve been accused of terrorism in New York, don’t wait. Get an experienced lawyer who can help. Contact the Law Offices of Mehdi Essmidi today for a free consultation. 

NY Penal Law

Under New York Penal Law § 490, terrorism-related crimes can be classified as felonies. They encompass a broad range of activities:

Terrorism (PL § 490.25)

A person is guilty of terrorism if they commit a serious crime to scare or force a group of people, pressure the government to change its policies or impact how the government operates through acts like murder, assassination, or kidnapping.

Terroristic Threat (PL § 490.20)

Threatening to commit a specified offense and creating a reasonable expectation or fear of the likely execution of such an offense can be considered a violent felony offense.

Soliciting or Providing Material Support for an Act of Terrorism (PL § 490.10-15)

It is illegal to solicit, request, demand, or attempt to cause another person to engage in acts constituting a felony offense with the intent that the activity will result in an act of terrorism.

Hindering Prosecution of Terrorism (PL § 490.35)

It’s illegal to render criminal assistance to a person who has committed an act of terrorism.

Possession of a Chemical or Biological Weapon (PL § 490.37-45)

It is against the law to have any substance that can cause death or serious physical harm through the release, spread, or impact of toxic or poisonous chemicals or their precursors. It’s also illegal to have any substance that the Secretary of Health and Human Services has declared as a severe threat to public health and safety. 

Federal Terrorism Laws

In addition to New York’s penal laws on the crime of terrorism, federal laws also apply to terrorism cases. These laws cover a wide range of activities that can be considered terrorism.

Use of Weapons of Mass Destruction — 18 U.S. Code § 2332a

It’s illegal to use weapons of mass destruction against any person within the United States and any U.S. national outside the United States.

Conspiracy to Commit Terrorism — 18 U.S. Code § 2332b

It’s illegal to engage in acts of violence to cause death or serious bodily injury to any other person not taking part in a situation of armed conflict when the purpose of the act is to intimidate or coerce a civilian to influence the policy or affect the conduct of a government.

Providing Material Support to Terrorists — 18 U.S. Code § 2339a

it is illegal to provide material support or resources, such as money, training, weapons, transportation, communications equipment, and even expert advice, knowing or intending that they are to be used in preparing, carrying out, or concealing terrorist activities.

If you’re facing federal terrorism charges, you need an experienced criminal defense attorney who’s not intimidated by the resources of the federal government and can fight for your rights. 

Related Charges

Individuals may face other serious criminal charges associated with the crime of terrorism. These charges depend on the specific circumstances of the case. Here are some related charges that may be relevant:

Interference with Flight Crew Members and Attendants — 49 U.S.C. § 46504

It’s illegal to assault, threaten, or intimidate a flight crew member or flight attendant while they are performing their duties on an aircraft in the special aircraft jurisdiction of the United States.

Cyberattacks —18 U.S.C. § 1030

It’s illegal to carry out cyberterrorism that targets critical infrastructure, government systems, or other targets with the intent to cause mass harm or disruption under fraud and related activity in connection with computer laws. 

Attempted Murder — New York Penal Law § 110.00 and § 125.25

Attempted murder is a serious felony charge that can be brought when an individual takes substantial steps toward killing another person. In the context of terrorism cases, attempted murder charges may be filed if there’s evidence of a planned terrorist attack where people would likely suffer fatal injuries. 

Attempted murder in the second degree is a class B violent felony, punishable by up to 25 years in prison.

Conspiracy — New York Penal Law § 105.15

Conspiracy charges often follow terrorism cases, as they involve agreements between people to commit a crime. Under New York Penal Law § 105.15, conspiracy in the second degree is a class B felony.

In federal cases, 18 U.S.C. § 371 covers conspiracy to commit an offense or to defraud the United States, which can include conspiracy to commit acts of terrorism.

Arson — New York Penal Law § 150.20

Arson, the intentional damaging of property by fire or explosion, is often associated with acts of terrorism. Under New York Penal Law § 150.20, arson in the first degree (when the arson creates a grave risk of death) is a class A-I felony, punishable by up to life in prison.

Kidnapping — New York Penal Law § 135.25

Kidnapping charges may be brought in terrorism cases involving hostage situations or abductions. Under New York Penal Law § 135.25, kidnapping in the first degree is a class A-I felony, carrying a potential life sentence.

Federal law 18 U.S.C. § 1201 covers federal kidnapping offenses, which can include kidnapping as part of a terrorist act.

Activities That May Be Considered Terrorism

Terrorist acts include a range of activities that are considered terrorism. Some examples include:

• Making threats to cause fear or panic, even if you don’t plan to carry them out
• Giving money or supplies to groups the government considers terrorist organizations
• Planning or attempting to commit violent acts to scare people or influence the government
• Aiding someone who has committed a terrorism offense to avoid detection by the police
• Having or making chemical or biological weapons
• Using social media or other platforms to promote terrorist ideology or recruit others
• Traveling or trying to travel overseas to join a terrorist group
• Training with weapons or explosives for terrorist purposes
• Cyberattacks that cause widespread fear or damage

Penalties for Terrorism-Related Charges

Here’s an overview of potential penalties for various terrorism-related charges:

Making a Terroristic Threat (NY Penal Law § 490.20):

• Class D felony
• At least 2 years and no longer than 7 years in prison
• A fine of up to $100,000  

Soliciting or Providing Support for an Act of Terrorism in the Second Degree (NY Penal Law § 490.10):

• Class C felony
• Prison not exceeding 15 years 

Soliciting or Providing Support for an Act of Terrorism in the First Degree (NY Penal Law § 490.15):

• Class B felony
• Between 5 and 25 years of imprisonment 

Criminal Possession of a Chemical Weapon or Biological Weapon in the Second Degree (NY Penal Law § 490.40):

• Class B felony
• Between 5 and 25 years of imprisonment 

Criminal Possession of a Chemical Weapon or Biological Weapon in the First Degree (NY Penal Law § 490.45):

• Class A-I felony
• Up to life in prison

Legal Defenses Against Charges of Domestic Terrorism

Being charged does not mean you are guilty. Different legal defenses could be used to fight charges of domestic terrorism:

• Lack of intent
• Entrapment
• Insufficient evidence
• Violation of constitutional rights

Contact us for a free consultation

You don’t have to face criminal charges alone. Contact our criminal defense lawyers today for a free consultation. We can explore your options and start an aggressive defense strategy immediately.

Frequently Asked Questions 

What constitutes domestic terrorism under New York law?

Under NY penal law, domestic terrorism involves committing specified offenses with the intent to intimidate or coerce a civilian population, influence government policy through intimidation or coercion, or affect government conduct through murder, assassination, or kidnapping.

Can I be charged with terrorism for making threats on social media?

Yes. Under New York Penal Law § 490.20, threats made on social media if they cause a reasonable expectation or fear of imminent execution of a specified offense.

What are the potential penalties for terrorism charges in New York?

Penalties depend on the specific charge but can go as far as life imprisonment without the possibility of parole for the most serious cases.

How can a NY terrorism criminal lawyer help me when facing terrorism charges?

An experienced criminal defense attorney can help by analyzing the evidence against you, identifying potential constitutional violations, creating defense strategies, negotiating with prosecutors, and representing you in court.