In most cases, assault is charged as a state crime. However, depending on who it’s committed against or where it’s committed, it can be prosecuted as a federal offense. When the U.S. Government has jurisdiction over an alleged assault incident, the investigation is thorough and the penalties are severe.
Federal Laws on Assault
The U.S. Government has several laws concerning assault. The statute your case may be prosecuted under will depend on the facts of your case.
Different Federal Assault Laws:
Assault on a federal officer (18 U.S.C. § 111)
One example of a federal assault occurs when you intentionally strike, kick, or otherwise physically harm an officer or employee of the U.S. Government. These charges can also result from an attempt to injure or threaten the officer or employee. While the offense must occur while the individual is carrying out their official duties, awareness of their federal status is not required on your part in order to face these charges.
Penalties for assaulting a federal officer or employee vary. If accused of simple assault, where no physical contact is made but intimidation or hindrance of duty occurs, you could be sentenced to a maximum of 1 year in prison. Making any physical contact with the officer increases the potential imprisonment to 8 years. If a deadly or dangerous weapon is involved, or bodily injury is inflicted, the sentence can extend to a maximum of 20 years in prison.
Assault on a Congressional, Cabinet, or Supreme Court Member (18 U.S.C. § 351)
Another federal law example concerns the assault on members of Congress or the executive branch or justices of the United States. Attempting to injure one of these individuals is punishable by up to 1 year in prison. If you allegedly used a dangerous weapon to commit the offense or caused bodily injury, you could be sentenced to imprisonment for up to 10 years.
Possible punishments if you allegedly committed the assault:
- With the intent to commit murder, you could face up to 20 years in prison.
- With the intent to commit a felony other than murder, by using a deadly weapon, by causing serious bodily injury, or by strangling or suffocating a spouse or dating or intimate partner, you could be sentenced to up to 10 years in prison.
- By striking, beating, or wounding the other individual, you could be imprisoned for up to 1 year.
- Against a person under 16 years of age, you could face up to 1 year of imprisonment.
- With no aggravating factors present, you could be sentenced up to 6 months in prison.
Threats Against Federal Officials or Their Family Members (18 U.S.C. § 115)
Besides facing penalties for injuring or threatening a federal agent or officer, individuals can also face imprisonment for threatening a federal employee. Section 115 outlines that threatening to assault such an individual with the intent to disrupt their official duties constitutes a crime. This legislation extends to the family members of these individuals as well. In summary, it is against federal statutes to threaten anyone associated with a U.S. official, U.S. judge, or federal law enforcement officer.
A threat of assault against a federal officer or their family members carries a maximum penalty of 1 year in prison. However, if physical contact is made, the potential imprisonment extends to 10 years and if bodily injury is involved then the potential imprisonment further extends to 20 years.
Federal charges carry significant weight, and a conviction can have a profound and lasting impact on one's life. If you or a loved one has been convicted of a federal assault, contact trusted attorneys today at Hartwig Law. Call (330) 899-4446 today and schedule a free consultation.