18 U.S. Code § 111 defines the federal crime of assaulting, resisting, or impeding certain officers or employees. This law covers various actions against federal officers, including simple assault, assault with a deadly weapon, and assault causing bodily injury.

The penalties for federal assault are severe, ranging from fines and imprisonment for up to one year for simple assault to fines and imprisonment for up to 20 years for assault with a deadly weapon or causing serious bodily injury.

This underscores the gravity of the offense and the crucial need for a robust defense. It's not just important, it's imperative to seek legal guidance and representation immediately. The sooner you act, the better your chances of a favorable outcome.

To charge someone with violating this law, there must be an intentional act that threatens or attempts to cause physical harm, or an intentional display of force that would cause a reasonable person to fear immediate harm.

Understanding the intentional nature of the act is not just important; it's crucial in effectively navigating the legal system, making it essential to be well-informed and prepared. 

What Does Section 1114 Say?

The alleged victim must be a person designated under 18 U.S.C. § 1114, such as federal law enforcement officers, judges, or other government employees. The assault must occur while the officer is performing their official duties or on account of their official duties. 

18 U.S. Code 1114 says, "(a) Whoever kills or attempts to kill any officer or employee of the United States or any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance, shall be punished—

(1) in the case of murder, as provided under section 1111;

(2) in the case of manslaughter, as provided under section 1112; or

(3) in the case of attempted murder or manslaughter, as provided in section 1113."

Simply put, just as it's a crime in California to assault a police officer or peace officer, it is a federal crime to commit any assault against a federal officer.

Depending on the circumstances and the severity of the alleged assault, this crime may be prosecuted as a misdemeanor or felony, with significant penalties if convicted. It's important to be aware of the potential charges you could face, as they can have a profound impact on your life and future.

What Does Section 111 Say?

18 U.S. Code § 111 Assaulting, resisting, or impeding certain officers or employees says, "(a) Whoever (1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or

(2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 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 involve physical 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.

(b) Enhanced Penalty.—
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.

(c) Extraterritorial Jurisdiction.—
There is extraterritorial jurisdiction over the conduct prohibited by this section."

What Must Be Proven to Convict?

To convict someone of simple assault, the federal prosecutor has to prove all the elements of the crime, such as showing the perpetrator forcibly assaulted a federal officer or interfered with them while engaged in the performance of their official duty, or on account, and that they did this intentionally.

A simple assault does not require physical contact between the perpetrator and the federal agent. This means someone can commit an assault without ever touching the officer. 

Who Qualifies as a Federal Officer?

USC 111 makes it a federal crime to assault any federal officer, agent, or employee of a U.S. government agency or member of the uniformed services.

This includes government employees on the job; it may consist of former employees, such as those who were assaulted later as an act of revenge. Examples of federal agents include, but are not limited to:

• FBI agents,
• Border patrol agents,
• U.S. marshals,
• ATF agents,
• ICE agents,
• IRS employees,
• Postal workers,
• Current or retired federal judges.

Classifications of Assault against Federal Officers

18 U.S.C. 111 details three specific types of assault against a federal officer, along with the associated charges and penalties:

• Simple assault involves forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with a federal officer in performing their duties or as a result of their duties. No physical contact or injury must occur for you to be charged with or convicted of this crime. Simple federal assault is a Class A misdemeanor punishable by up to 1 year in jail and fines up to $100,000.
• Serious assault (No Deadly Weapon) is similar to simple assault, but with two additional characteristics. It requires that you make actual physical contact with the officer, and you did so with the intent to commit another felony. Serious assault without a weapon is a felony punishable by up to 8 years in prison and fines up to $250,000.
• Serious assault with a deadly weapon or causing serious bodily injury is the most serious type of assault against a federal officer when you make physical contact with the officer and do so with a deadly weapon or cause serious bodily injury to the officer in the process. Serious assault with a deadly weapon is a Class C felony punishable by up to 20 years in prison and fines up to $250,000.

What Are the Related Federal Laws?

Federal assault laws are covered under 18 U.S. Code Chapter 7 and include the following other related statutes:

• 18 U.S.C. § 112 - Protection of foreign officials, official guests, or other 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 Legal Defenses?

Federal law is stringent when it comes to assaulting federal agents. The law doesn't make exceptions if the agent is retired, nor does it necessarily provide an exemption if you were unaware that the person was a federal officer.

Our federal criminal defense attorneys may be able to implement some strategies to defend you against these federal charges, such as the following:

• Lack of Intent. Perhaps we can argue that you had no intent to harm the officer or impede their duties. In other words, your actions may have been misinterpreted as assault, but you had no intention to do so. Perhaps you reasonably believed that the person was not a federal officer. For example, the person was an undercover agent who didn't show identification.
• Self-Defense. Perhaps we can make a reasonable argument that you acted in self-defense or defense of others. If the federal officer used excessive force, you might have justified using reasonable force to protect yourself or someone else.
• Duress or Coercion. Perhaps you were acting under duress. This means that you were forced to commit the act under threat of harm.
• False Allegation. Maybe the charges are false or exaggerated. This might be the case if the federal officer has a grudge against you or is seeking revenge.

If you were accused of assaulting a federal officer, contact our law firm to examine all the details and discuss the legal options. Perhaps negotiation with the federal prosecutor can reduce or drop the charges.

Eisner Gorin LLP is based in Los Angeles, California. We offer legal representation on federal issues across the United States. 

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