Leaders of the armed militia occupying federal lands in eastern Oregon could face hefty fines and more than 10 years behind bars if government officials decide to prosecute them to the fullest extent of the law, legal experts say.

Ammon Bundy and his crew of rightwing anti-government followers – who have refused to leave the Malheur national wildlife refuge since they took over its headquarters on 2 January – appear to have violated a number of laws that prohibit the unauthorized use and destruction of public property.

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“There are a panoply of federal statutes that focus on trespassing on federal lands and misuse of federal property,” said David Hayes, a visiting lecturer at Stanford Law School and former deputy secretary of the US Department of the Interior. “I’m confident that they will be prosecuted.”

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Hayes said it was likely that prosecutors would go after the high-profile leaders of the militia, as opposed to charging all participants who have trespassed and camped out in the federal buildings.

Hayes argued that there have to be serious charges in this case otherwise anti-government activists will continue to form militia and launch these kinds of aggressive protests. The Oregon militia was emboldened to take over federal lands, in part because Cliven Bundy, Ammon’s father, has evaded consequences for a similar standoff with the government in 2014, he said.

“If you let again and again activities go forward that are clearly against the law with no legal consequences, you lose all respect for the law,” Hayes said. “That would be a huge problem for the foundation of our democracy.”

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