Treason Lawyer Maryland — What Are the Defenses to a Federal Treason Charge?
Treason is the only crime defined in the U.S. Constitution, requiring an act of war against the United States or giving aid and comfort to its enemies. In Maryland, a treason charge is prosecuted in federal court and carries the potential for the death penalty. A Maryland treason lawyer from the Law Offices Of SRIS, P.C.
Understanding the Federal Law of Treason
The crime of treason is defined in Article III, Section 3 of the U.S. Constitution and codified in federal statute at 18 U.S.C. § 2381. The law states: “Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason.” The Constitution further requires that 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.
Last verified: April 2026 | U.S. District Court for the District of Maryland | U.S. Congress.
Founded in 1997, the Law Offices Of SRIS, P.C. has built a practice focused on complex federal and state criminal defense. Our founder, Mr. Sris, is a former prosecutor whose background provides critical insight into government strategies in high-stakes cases.
Official Legal Resources
- 18 U.S.C. § 2381 – Treason (Legal Information Institute)
- U.S. District Court for the District of Maryland
The Federal Prosecution Process for Treason in Maryland
Treason cases are investigated by federal agencies like the FBI and prosecuted by the U.S. Attorney’s Office. The case will be heard in the U.S. District Court for the District of Maryland. The prosecution faces the high constitutional burden of proving an overt act of war or adherence to an enemy, supported by two witnesses. A seasoned criminal attorney must challenge every element, from the definition of “enemy” to the sufficiency of the witness testimony.
- Initial Arrest & Federal Indictment: You will be arrested by federal agents and presented before a U.S. Magistrate Judge. A grand jury will issue an indictment.
- Arraignment & Detention Hearing: You will be formally charged and enter a plea. The government will likely seek pre-trial detention as a flight risk and danger to the community.
- Pre-Trial Motions & Discovery: Your defense lawyer will file motions to challenge evidence, suppress statements, or dismiss charges based on constitutional defects, including the two-witness rule.
- Plea Negotiations or Trial: Given the severity, the government may offer a plea to a lesser charge. If no agreement is reached, the case proceeds to a jury trial where the government must meet its high burden of proof.
- Sentencing: If convicted, sentencing follows federal guidelines. The death penalty is a potential sentence for treason.
Potential Penalties for Treason
Under federal law, a conviction for treason can result in the death penalty, or imprisonment for any term of years (including life), and a fine of at least $10,000. Additionally, a convicted person is barred from holding any U.S. office and may forfeit certain civil rights.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Treason | Federal Capital Crime | Death, or Life, or Any Term of Years | $10,000 minimum | Ineligible for public office; loss of passport; permanent criminal record. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Federal Criminal Defense
The Law Offices Of SRIS, P.C. was founded in 1997. Our team includes attorneys with experience handling serious federal allegations. We approach each case with a detailed strategy, examining the government’s evidence for weaknesses, constitutional violations, and opportunities to negotiate a favorable resolution. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%.
Results may vary. Prior results do not aim for a similar outcome.
Case Results & Client Advocacy
Our defense lawyers work to protect our clients’ rights from the initial investigation through trial. In federal cases, we have successfully challenged the sufficiency of evidence, negotiated for reduced charges, and advocated for clients at sentencing. For instance, our team, including Mr. Sris who brings extensive multi-state federal experience, has achieved dismissals and favorable plea agreements in complex conspiracy and fraud cases that carried decades of potential imprisonment.
Results may vary. Prior results do not aim for a similar outcome.
Local Federal Criminal Defense for Maryland Residents
Law Offices Of SRIS, P.C.
199 E. Montgomery Ave, Suite 100, Room 211
Rockville, MD 20850
Toll-Free: (888) 437-7747 | Local: (888)-437-7747 | Local: (301) 363-4040
By appointment only.
Our Rockville location serves clients across Maryland facing federal charges. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only. As a federal criminal defense lawyer near Maryland federal courthouses, we are positioned to respond promptly to our clients’ needs.
Frequently Asked Questions (Treason Charges)
What is the legal definition of treason in the United States?
It is defined in the Constitution as levying war against the U.S. or adhering to its enemies, giving them aid and comfort. It requires an overt act and testimony from two witnesses to the same act for conviction.
Can I be charged with treason for protesting against the government?
No. The First Amendment protects peaceful protest and criticism of the government. Treason requires concrete acts of war or material support to a recognized enemy of the state, not merely dissent or unpopular speech.
What are common defenses to a treason charge?
A criminal charges defense may argue lack of intent to betray the U.S., that the recipient of aid was not a constitutional “enemy,” insufficient evidence, or failure of the government to produce two witnesses to the same overt act as required.
Who prosecutes treason cases?
Treason is a federal crime prosecuted by the U.S. Department of Justice in U.S. District Court. In Maryland, this would be the U.S. Attorney’s Office for the District of Maryland.
Why do I need a lawyer experienced in federal court?
Federal procedure and evidence rules are distinct from state court. A criminal court lawyer with federal experience understands grand juries, federal sentencing guidelines, and how to handle investigations by agencies like the FBI, which is crucial for building an effective defense.
Last verified: April 2026. Laws and procedures change. Contact the Law Offices Of SRIS, P.C. at (301) 363-4040 for current guidance regarding your specific situation.