Assault on a Federal Officer - Title 18 U.S. Code § 111
18 U.S. Code 111 bans forcibly assaulting, resisting, or intimidating federal officers while they are on duty. Penalties depend on the severity: a basic assault is a misdemeanor, whereas aggravated assault with a deadly weapon is a felony with harsher penalties, potentially up to 20 years in prison.
Depending on the circumstances and severity of the assault, this crime carries significant penalties, including imprisonment, fines, and potential impacts on immigration status if convicted.
Federal law covers different types of offenses, including simple assault, serious assault without a weapon, and serious assault with a dangerous or deadly weapon.
To convict someone of simple assault, the federal prosecutor must demonstrate all essential elements, including that the defendant forcibly assaulted a federal officer or interfered with their official duties, and that this was done intentionally.
Many individuals assume physical contact is necessary for assault charges, but federal law can convict without contact if interference or intimidation occurs. Our federal criminal defense lawyers will explain this law in more detail below.
What Does Section 111 Say?
18 U.S. Code § 111 says, "Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person (or formerly served) designated in section 1114 of this title who are engaged in the performance of official duties, shall be fined and imprisoned for up to one year for simple assault, and up to eight years where such acts involve physical contact with the victim of that assault or the intent to commit another felony, and use of a deadly or dangerous, or inflicts bodily injury shall be fined and imprisoned not over 20 years "
Who is Considered a Federal Officer?
18 U.S.C. 111 makes it a federal offense to assault any federal officer, agent, or employee of a U.S. government agency, as well as members of the armed services. This applies to government staff while on duty and can also include former employees, such as in cases of revenge attacks.
Examples of federal agents include, but are not limited to, such individuals:
- Border Patrol agents
- ICE agents
- U.S. marshals
- ATF agents
- ICE agents
- FBI agents
- IRS employees,
- Postal workers
- Current or retired federal judges.
Categories of Assault and Their Penalties
18 U.S.C. 111 specifies three particular types of assault targeting federal officers, including the related charges and penalties.
Simple assault involves intentionally attacking, resisting, opposing, impeding, intimidating, or interfering with a federal officer while they are performing their official duties or because of their duties.
You do not need physical contact or injury for this crime to apply or for you to be convicted.
Federal assault is classified as a Class A misdemeanor, which can result in up to 1 year of imprisonment and fines reaching $100,000.
Serious Assault (No Deadly Weapon) resembles simple assault but includes two extra features:
- You physically touch the officer, and
- You did this with the intention of committing another felony.
Serious assault that does not involve a weapon is classified as a felony, carrying penalties of up to 8 years in prison and fines reaching $250,000.
Serious assault involving a deadly weapon or causing significant bodily harm is the gravest form of assault against a federal officer when physical contact occurs with a weapon or results in severe injury.
Such an assault is classified as a Class C felony, carrying a penalty of up to 20 years in prison and fines reaching $250,000.
Example of Assaulting an ICE Agent
For example, Jose's friend Juan is taken into custody by an ICE officer on suspicion of illegal presence in the country. To help his friend avoid arrest, Jose punches the ICE officer in an attempt to allow Juan a chance to escape.
The ICE agent falls to the ground, hits his head, and experiences a concussion. Jose could face a Class C felony assault charge since his direct act of violence resulted in serious bodily injury to the officer.
What Are the Related Federal Laws?
Federal assault laws are governed by 18 U.S. Code Chapter 7 and include several related statutes.
- 18 U.S.C. 111. Assaulting, resisting, or impeding certain officers or employees
- 18 U.S.C. 112. Protection of foreign officials, official guests, and internationally protected persons
- 18 U.S.C. 113. Assaults within maritime and territorial jurisdiction
- 18 U.S.C. 114. Maiming within maritime and territorial jurisdiction
- 18 U.S.C. 115. Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member
- 18 U.S.C. 116. Female genital mutilation
- 18 U.S.C. 117. Domestic assault by a habitual offender
- 18 U.S.C. 118. Interference with certain protective functions
- 18 U.S.C. 119. Protection of individuals performing certain official duties
What are the Typical Legal Defenses Used?
Federal law imposes strict penalties for assaulting federal agents. There are no exceptions if the agent is retired, and ignorance of their federal status is not usually a defense. However, a skilled federal defense attorney can employ certain strategies to defend you against these charges.
It can be argued that you did not intend to harm the officer or interfere with their duties. For example, if you reasonably believed the individual was not a federal officer, such as an undercover agent without visible identification, this mistaken identity can serve as a defense.
You could reasonably argue that your actions were in self-defense or in defense of others. If the federal officer used excessive force, your use of reasonable force might be justified to protect yourself or someone else.
Additionally, the charges against you could be false or exaggerated, particularly if the federal officer holds a grudge or is seeking revenge. If you're accused of assaulting a federal officer, contact our law firm to review your case and explore legal options.
Negotiating with the federal prosecutor might reduce or dismiss the charges. Eisner Gorin LLP, based in Los Angeles, California, provides federal legal representation nationwide. You can reach us by phone or through our contact form for a case evaluation.
If you have one phone call from jail, call us! If you are facing criminal charges,