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Assaulting a federal officer is a serious federal crime under U.S. law, carrying significant penalties due to the protected status of government personnel. Under 18 U.S.C. § 111, it is unlawful to forcibly assault, resist, or interfere with federal officers or employees engaged in official duties. This statute broadly applies to federal agents, law enforcement officers, and other government officials, including those from agencies such as the FBI, DEA, and TSA.
Penalties vary depending on the type of assault and whether a weapon or intent to cause bodily harm is involved, with sentences ranging from up to 8 years for simple assault to 20 years or more for aggravated assault involving a weapon or serious injury.
From a defense attorney’s perspective, these cases require a careful examination of intent, conduct, and context. There are two primary types of assault covered under this statute: simple assault and aggravated assault. Simple assault involves minor or no injuries and does not involve a weapon. Aggravated assault, however, involves a deadly weapon or an intent to inflict significant harm. The charges are often elevated based on the level of force used and the injuries inflicted.
Common defenses include lack of intent or misunderstanding of the officer’s identity. For example, if the defendant did not know the individual was a federal officer, this can be used to challenge the specific intent required for conviction. Self-defense or defense of others may also be applicable if the officer’s conduct was perceived as threatening or if the force used was proportionate to the perceived threat.
Additionally, federal criminal defense attorney Nate Crowley may argue procedural issues, such as violations of the defendant’s Fourth Amendment rights, or scrutinize the government’s evidence to ensure it meets the burden of proof. A very strategic approach is necessary to navigate the complexities of federal law and protect the client’s rights while aiming for the best possible outcome.
In California, assault on a federal officer is prosecuted under federal law, specifically 18 U.S.C. § 111. This statute criminalizes forcibly assaulting, resisting, or impeding federal officers or employees performing official duties. Penalties depend on the severity of the assault: simple assault may lead to imprisonment of up to 8 years, while aggravated assault—often involving a weapon or intent to cause serious harm—can result in up to 20 years in federal prison.
In defending against such charges, California criminal defense lawyer Nate Crowley will take a very strategic approach is necessary to navigate the complexities of federal law and protect the client’s rights while aiming for the best possible outcome.
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