18 U.S.C. 111 Federal Assault on Law Enforcement
What is an assault on law enforcement charge in federal court?
Assaulting law enforcement officers during the performance of their duties on federal property can result in one of three charges covered under 18 U.S.C. 111. The first is a simple assault on law enforcement which is a misdemeanor, the other two are felonies with punishments that range from 8-20 years.
Federal Assault on Law Enforcement laws are covered by 18 U.S.C. 111: Assaulting, Resisting, or impeding certain officers
18 U.S.C. 111(a)(1):
whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with an officer while engaged in or on account of the performance of their official duties; or
18 U.S.C. 111(a)(2):
Forcibly assaults or intimidates any officer on account of the performance of official duties during such person’s term of service,
Shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involved phyiscla contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.
18 U.S.C. 111(b):
Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both.
What are the three different kinds of assault on law enforcement in federal court?
First is a misdemeanor covered under 18 U.S.C. 111 (a)(1). In order to find you guilty of this charge, the prosecutor would have to prove that you forcibly assaulted a federal agent or officer OR interfered with them while they were engaged in the performance of their official duty AND that you did this intentionally. A misdemeanor assault does not require physical contact between the you and the federal officer. This means you can be found guilty of assault without ever having directly touched a federal officer. Simple federal assault is a Class A misdemeanor punishable by up to 1 year in jail and fines up to $100,000.
Second is a felony covered under 18 U.S.C. 111(a)(2) which is a serious assault without any weapons involved. To be found guilty of this, you have to make actual physical contact with teh officer; and you did so with the intent to commit another felony. Felony assault on law enforcement is punishable by up to 8 years in prison and fines up to $250,000.
Third is also a felony of assault on law enforcement with a deadly or dangerous weapon. This is the most serious of the three and it requires the Government to prove that you assaulted a federal officer by making physical contact with a deadly or dangerous weapon OR caused serious bodily injury to the officer. This felony assault is a Class C felony punishable by up to 20 years in prison and fines up to $250,000. Deadly or dangerous weapon does not just mean a firearm. It can be anything that is used in a manner to make it deadly or dangerous.
What happens after I’m charged with a Assaulting a Law Enforcement Officer in Federal Court?
Arrest & Booking: Your case will start with an arrest for one of the three charges above. You will be taken into custody of the US Marshalls and charged.
Arraignment: This is the first hearing you will have after being arrested. This hearing will happen usually same day as your arrest. You will go in front of a magistrate judge in federal court where the Judge will explain your charges to you and decide on bond. This is also when your next court date or the preliminary hearing will be set.
Preliminary Hearing: A preliminary hearing is a mini-trial where the Government puts on evidence and the Judge decides if it is enough to charge a defendant with an alleged crime. The Government will put on witnesses to testify about the alleged facts of the case. Your attorney will get to cross-examine the witnesses and evidence presented. If the Judge decides that there is probable cause to believe that the alleged crime occurred, the case will proceed to trial. This is an extremely important court date as it is often your first time to hear witnesses testify before your trial.
Plea or Trial: After a case is certified, the matter will be set for either a trial or plea.
Frequently Asked Questions about 18 U.S.C 111 in Federal Courts:
What is the punishment for 18 U.S.C. 111(a) and (b)?
- Simple assault (without physical contact or injury) is a misdemeanor, punishable by up to one year in prison.
- Assault involving physical contact or intent to commit another felony is a felony, punishable by up to eight years in prison.
- Assault with a deadly weapon or resulting in bodily injury carries a penalty of up to 20 years in prison.
Who qualifies as a federal officer under this statute?
- FBI, DEA, ATF, and Secret Service agents
- U.S. Marshals
- Border Patrol and ICE agents
- Postal Inspectors
Does the officer have to be on duty for 18 U.S.C. 111(a) & (b) to apply?
Yes, the officer must be engaged in official duties at the time of the assault or resistance. However, if an assault is motivated by the officer’s status, it may still apply.
Defenses to 18 U.S.C. 111(a) & (b)
Defenses for your specific case will vary and will depend on your specific case facts, below are some:
- Self defense
- Litigating what constitutes a deadly or dangerous weapon
- The intent to commit assault
