NATIONALLY RECOGNIZED FEDERAL LAWYERS
Can you go to prison for bomb threats
|Thanks for visiting Spodek Law Group – a second generation law firm managed by Todd Spodek. We have over 40 years of combined experience handling criminal defense cases throughout New York and nationwide. Many of you know us from the Netflix series about Anna Delvey, or from our representation of the juror in the Ghislaine Maxwell misconduct case. We handle cases that others say are unwinnable – and we’re available 24/7 when you need us.
If you’re reading this, someone made a bomb threat, federal agents are involved, and you need to understand what happens next. This article explains federal bomb threat prosecutions under 18 U.S.C. 844(e), real sentences people receive in 2025, and why the FBI takes every threat seriously even when you thought it was just words.
Yes You Can Go to Prison for Ten Years
The statute is clear – up to ten years in federal prison for making a bomb threat or conveying false information about explosives. That’s the maximum under 18 U.S.C. 844(e), but actual sentences depend on your criminal history, how much disruption you caused, and whether anyone got hurt.
Brandon Scott learned this the hard way. In May 2025, he was sentenced to 22 months in federal prison for making a bomb threat on an Alaska Airlines flight from Atlanta to Seattle. The flight diverted to Spokane. Scott also owed $79,449 in restitution to the airline and airport – that’s what his threat cost in real money. Twenty-two months in federal prison. For words on an airplane.
Bryan Brandenburg got 70 months – almost six years – for emailing bomb threats to buildings in Utah, California, and across the country. The federal judge in Hawaii didn’t care that no actual bombs existed. The threats themselves were the crime, and Brandenburg’s sentence reflected the scope of what he did.
Then there’s Brian Williams, the former Los Angeles deputy mayor who called in a fake bomb threat to City Hall in October 2024. He got probation – one year, 50 hours of community service, and a $5,000 fine. Why the difference? Williams had no criminal history, cooperated immediately, and the threat targeted a single building rather than multiple locations or a plane full of passengers. Judges have discretion after United States v. Booker, and they use it.
What Makes a Bomb Threat Federal
Not every bomb threat becomes federal. State prosecutors handle many. Federal jurisdiction kicks in when you use phones, mail, email, social media – anything in interstate commerce. That’s almost everything now. Your threat crosses state lines, you’re in federal court.
The statute requires specific intent. You must “willfully” make a threat or “maliciously” convey false information knowing it’s false. The government must prove you meant to make the threat, knew it was false, and sent it anyway. Someone calls a school and says there’s a bomb in the cafeteria – knows there’s no bomb, used a phone crossing state lines, intended the threat. Federal prosecution follows.
The DOJ’s Criminal Resource Manual treats sections 844(e), (f), and (i) as “Federal crimes of terrorism” when the offense is calculated to influence or affect government conduct by intimidation or coercion. That designation changes everything – prosecutors pursue these cases aggressively, judges consider the terrorism enhancement at sentencing, and defendants face much harsher consequences than they anticipated.
How Federal Agents Investigate Bomb Threats
The FBI and ATF work these cases together. The ATF handles explosives enforcement, the FBI investigates malicious destruction by explosives affecting interstate commerce. When a bomb threat comes in, both agencies coordinate – and they take every threat seriously.
Think about what happens when you call in a bomb threat to a school or airport. Buildings evacuate. Bomb squads deploy. Flights divert. Your threat enters a federal database, and investigators trace it back to you using phone records, IP addresses, witness statements, surveillance footage. Federal investigators have resources that dwarf what state and local police can bring. The tracing technology is sophisticated, and if you made the threat, they’ll find you.
Why People Underestimate This Charge
Most defendants we see thought it was a prank. They were angry at their employer, wanted to get out of school that day, or were trying to scare someone. They didn’t think federal agents would get involved. They didn’t realize “just words” could trigger a ten-year felony.
But federal prosecutors see it differently. Every bomb threat forces an emergency response. Every threat costs money – evacuations, investigations, diverted flights, cancelled events. Every threat terrifies people who don’t know if it’s real. The federal government treats this as a serious violent crime, not a prank.
We handled a case where a client sent what they thought was an edgy joke to a friend. Someone reported it. The FBI showed up with a search warrant. That “joke” became a federal felony prosecution. People post things online they’d never say in person, thinking anonymity protects them. It doesn’t.
Sentencing Depends on Criminal History and Disruption Level
Federal sentencing follows the guidelines even though they’re advisory after Booker. Your base offense level combines with your criminal history to produce a guideline range.
No criminal history, minimal disruption – you might get probation like Brian Williams. Multiple threats across state lines – five or six years like Bryan Brandenburg. Bomb threat on an airplane – expect 18 to 30 months. Acceptance of responsibility matters. Plead guilty early, get a three-level reduction. That’s the difference between 48 months and 27 months.
What You Should Do If Federal Agents Contact You
Don’t talk to them. This sounds simple, but most people ignore it. Federal agents are trained interrogators. They’re polite, professional, and very good at getting you to talk. Anything you say will be used against you – not might be used, will be used.
Ask for a lawyer immediately. The moment you say “I want a lawyer,” questioning must stop. Don’t explain, don’t minimize, don’t talk your way out of it. Federal agents aren’t there to help you – they’re building a case.
We’ve represented clients in these cases since the 1970s. Todd Spodek comes from a second-generation criminal defense background – his father was an attorney, and Todd worked in his father’s law firm as a child. That early exposure to criminal defense taught him how federal prosecutions work.
Federal bomb threat cases move quickly. Once charges are filed, the process typically takes six months to a year. During that time, you may be detained without bail if the government argues you’re a danger to the community.
At Spodek Law Group, we focus on cases where we can make a real difference. Not every client is right for us, and we’re selective about who we represent – but if we take your case, it’s because we believe we can help you get the best possible outcome. We’ve been featured on the NY Post, Newsweek, Bloomberg, and Fox 5 for our work on high-profile federal cases. We’re available 24/7, and we handle cases nationwide through our digital portal system.
Bomb threats are federal felonies that carry serious prison time. The FBI and ATF investigate every threat, prosecutors pursue these cases aggressively, and judges impose real sentences. If you’re facing federal charges under 18 U.S.C. 844(e), you need experienced federal criminal defense attorneys who understand how these prosecutions work and how to fight them.