Federal assault charges: assaulting a federal officer and assault on federal land

What does the law make illegal?

Assaulting, resisting or impeding federal officers, 18 U.S.C. § 111

It is a crime to forcibly assault, resist, oppose, impede, intimidate or interfere with a person covered by 18 U.S.C. § 1114 while that person is doing official duties or because of their official duties (18 U.S.C. § 111(a)(1)). It is also a crime to forcibly assault or intimidate a former federal officer or employee because of their past official duties (§ 111(a)(2)). Section 1114 covers any officer or employee of the United States or a federal agency, including members of the uniformed services, and anyone assisting them (18 U.S.C. § 1114). That includes agents, deputy marshals, prison staff, postal workers, park rangers and many others.

The government must generally prove that the person:

• Acted forcibly, by using force or by a threat or display of force.
• Assaulted, resisted, opposed, impeded, intimidated or interfered with the officer or employee.
• Did so while the officer was doing official duties, or because of those duties.
• Acted intentionally.

The government doesn't have to prove the person knew the victim was a federal officer. In United States v. Feola, 420 U.S. 671 (1975), the Supreme Court held that § 111 requires only an intent to assault, not an intent to assault a federal officer. But the Court also noted that when an officer doesn't identify himself, his conduct might reasonably look like an unlawful attack, and in that situation "an honest mistake of fact would not be consistent with criminal intent." That is why self-defense and mistaken identity can matter in these cases.

The penalty depends on what happened: up to 1 year if the acts were only a simple assault; up to 8 years if they involved physical contact with the victim or an intent to commit another felony; and up to 20 years if the person used a deadly or dangerous weapon or caused bodily injury (§ 111(a), (b)). A "weapon" includes one meant to cause death or danger that failed because of a defect. The law also applies to conduct outside the United States (§ 111(c)).

Assault within federal jurisdiction, 18 U.S.C. § 113

Section 113 applies to assaults within the special maritime and territorial jurisdiction of the United States (18 U.S.C. § 113). That includes land reserved or acquired for federal use under exclusive or concurrent federal jurisdiction, such as many military bases and other federal enclaves, and certain ships and aircraft (18 U.S.C. § 7). Under the Major Crimes Act, it also applies to an Indian who commits a felony assault under § 113, or an assault on a child under 16, in Indian country (18 U.S.C. § 1153). Federal law also generally applies to assaults by non-Indians against Indians in Indian country (18 U.S.C. § 1152).

For strangling and suffocating, the law doesn't require any visible injury or any intent to kill or seriously injure; impeding normal breathing or blood circulation intentionally, knowingly or recklessly is enough (§ 113(b)(4), (5)).

Domestic assault by a habitual offender, 18 U.S.C. § 117

A person who commits a domestic assault within federal jurisdiction or in Indian country, and who has final convictions on at least two separate earlier occasions in federal, state or tribal court for domestic violence offenses (or offenses that would be, if subject to federal jurisdiction), faces up to 5 years, or up to 10 years if substantial bodily injury results (18 U.S.C. § 117). Prior tribal court convictions can count.

Assaulting family members of federal officials, 18 U.S.C. § 115

It is a crime to assault a member of the immediate family of a U.S. official, a federal judge or a federal law enforcement officer, with intent to impede, intimidate or interfere with the official, or to retaliate for their official duties (18 U.S.C. § 115(a)(1)(A)). The penalty for the assault is up to 1 year for a simple assault, 10 years with physical contact or intent to commit another felony, 20 years with bodily injury, and 30 years with serious bodily injury or a dangerous weapon (§ 115(b)(1)). Threats under § 115 are covered on our federal threats page.

Guns and other related charges

When a gun is involved, prosecutors may also charge a separate offense under 18 U.S.C. § 924(c), which carries a mandatory minimum served on top of the assault sentence. See federal gun charges. Sexual assault on federal land or in Indian country is charged under different laws, explained on our federal sexual abuse page.

What are the penalties?

• Mandatory minimum: none under §§ 111, 113 or 117. The judge can sentence anywhere from probation up to the maximum.
• Fines: up to $250,000 for a felony and up to $100,000 for a Class A misdemeanor such as a 1-year simple assault, or $5,000 for a Class B misdemeanor such as a 6-month simple assault (18 U.S.C. §§ 3559, 3571).
• Restitution: for a crime of violence, the judge generally must order restitution for the victim's losses, such as medical costs and lost income (18 U.S.C. § 3663A).
• Supervised release: up to 3 years for a felony with a maximum of 5 years or more (such as the 8-, 10- and 20-year levels), and up to 1 year for lesser felonies and misdemeanors (18 U.S.C. §§ 3559(a), 3583(b)).
• Time limit: generally 5 years from the offense (18 U.S.C. § 3282).

How does sentencing work for this charge?

Which guideline applies depends on how serious the assault was. Three are used most often:

Aggravated assault, §2A2.2

• +2 for more than minimal planning (§2A2.2(b)(1)).
• Weapons: +5 if a gun was fired, +4 if a dangerous weapon was otherwise used, +3 if one was brandished or its use threatened (§2A2.2(b)(2)).
• Injury: +3 for bodily injury, +5 for serious bodily injury, +7 for permanent or life-threatening injury, or +4 or +6 for injuries in between (§2A2.2(b)(3)). Weapons and injury together can't add more than 10 levels.
• +3 for strangling or suffocating a spouse, intimate partner or dating partner (§2A2.2(b)(4)); weapons, injury and strangling together can't add more than 12 levels.
• +2 if the assault was paid for, +2 if it violated a court protection order, and +2 for a conviction under § 111(b) or § 115 (§2A2.2(b)(5)–(7)).

Assault and obstructing officers, §§2A2.3 and 2A2.4

Under §2A2.3, 2 levels are added for bodily injury, or 4 for substantial bodily injury to a spouse, intimate partner, dating partner or child under 16. Under §2A2.4, 3 levels are added for physical contact or a threatened use of a possessed weapon, and 2 more for bodily injury.

Official victim, §3A1.2

If the victim was a government officer or employee (or a former one, or a family member) and the offense was motivated by that status, 3 levels are added, or 6 levels when the offense guideline is in Chapter Two, Part A, such as §2A2.2 or §2A2.3 (USSG §3A1.2). Another 6-level option applies (the court uses whichever single option fits best) for assaulting a person known to be a law enforcement officer or prison official in a way that creates a substantial risk of serious bodily injury. The adjustment doesn't apply on top of §2A2.4, because that guideline already accounts for the victim's status (§3A1.2, Application Note 2).

The 2-level reduction for people with no criminal history points is not available to someone who used violence or credible threats of violence in connection with the offense, or whose offense resulted in serious bodily injury (USSG §4C1.1(a)(3), (4)). An assault with intent to commit murder is sentenced under §2A2.1 (assault with intent to commit murder; attempted murder), which starts at level 27 or 33.

Pending at the Supreme Court. In Beaird v. United States, No. 25-5343, set for argument on October 13, 2026, the Court agreed to decide whether Stinson v. United States (1993) still states the rule for how much weight courts must give the Guidelines’ commentary, the notes that follow each guideline. The answer could affect rules on this page that come from commentary rather than from the guideline text itself.

Guideline numbers on this page are from the Guidelines Manual in effect since November 1, 2025, which no longer uses “departures”: the judge calculates the range, then weighs the factors in 18 U.S.C. § 3553(a). For more depth, see How the federal Sentencing Guidelines work, at Sentencing.net, a Criminal Center site.

How do these cases usually start and move?

Section 111 cases often start with an arrest at the scene: during a search or arrest, at a border crossing, at a protest at a federal building, or inside a federal prison. The officer's agency or the FBI usually investigates, and the case is often charged first by criminal complaint and then by indictment. Body-camera, surveillance and phone video often matter a great deal.

Section 113 and § 117 cases usually arise on military bases, on other federal land, or in Indian country. In Indian country, the FBI or the Bureau of Indian Affairs often investigates with tribal police, and the case may also be prosecuted in tribal court. Questions about whether the place is under federal jurisdiction, and about the Indian status of the people involved, can come up early.

Many assault cases are charged as crimes of violence, which can affect whether the government asks for detention before trial (18 U.S.C. § 3142(f)(1)(A)). Anything said to agents after an arrest can be used later, so it helps to talk with a lawyer before answering questions.

The usual stages of a federal case

1. 1Investigation. Agents gather records and interview witnesses, often using grand jury subpoenas. Someone the prosecutor views as a "target" may get a target letter before an indictment (Justice Manual 9-11.151, 9-11.153).
2. 2Charges. A federal felony is usually charged by indictment: a grand jury decides in private whether there is probable cause (Fed. R. Crim. P. 6, 7). Some cases start with an arrest on a criminal complaint.
3. 3First appearance and detention. After an arrest, the person goes before a magistrate judge without unnecessary delay (Fed. R. Crim. P. 5). The judge decides whether they are released or held until trial (18 U.S.C. § 3142).
4. 4Evidence and motions. The government must turn over certain evidence (Fed. R. Crim. P. 16). The defense can ask the court to suppress evidence or dismiss charges (Fed. R. Crim. P. 12).
5. 5Plea or trial. Many federal cases end in a guilty plea, which the judge must find knowing and voluntary (Fed. R. Crim. P. 11). At trial, the government must prove every element beyond a reasonable doubt, and a jury verdict must be unanimous (Fed. R. Crim. P. 31(a)).
6. 6Sentencing. A probation officer writes a presentence report, and each side can object in writing within 14 days of receiving it (Fed. R. Crim. P. 32). The judge then decides the sentence under 18 U.S.C. § 3553(a).

More on what to do at each stage: Facing federal charges? What to do now.

What defense issues come up in these cases?

• Was the person a covered officer doing official duties? Was the victim covered by § 1114, and was the officer acting within the scope of their job at the time?
• Self-defense and mistake. Did the person reasonably believe they were defending against an unlawful attack, for example by someone who hadn't identified himself as an officer? Feola recognized that an honest mistake of fact can be inconsistent with criminal intent.
• "Forcibly." For resisting or impeding under § 111, was there force or a threat of force, or only passive resistance or words?
• Which penalty level applies. Was there physical contact? Was an object actually a "deadly or dangerous weapon" as used? Did the victim suffer bodily injury, or serious or substantial bodily injury? These facts decide the maximum and often the guideline.
• Federal jurisdiction. For § 113 and § 117, did the assault happen on land under federal jurisdiction or in Indian country, and are the people involved Indians under the law? Do prior tribal convictions qualify under § 117?
• Intent. For § 113(a)(1)–(3), did the person intend to murder, commit another felony, or do bodily harm?
• Video and witnesses. What do the recordings and the accounts of other officers, inmates or bystanders actually show?

Every case turns on its own facts. These are issues to look at, not predictions about how any case will turn out.

What happens after a conviction?

• Appeal. A notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). Many plea agreements waive the right to appeal, but in Hunter v. United States (2026) the Supreme Court held that a waiver can’t be enforced when doing so would cause a miscarriage of justice, a high bar. See federal appeals at Sentencing.net.
• A § 2255 motion. A motion asking the sentencing court to vacate, set aside or correct the sentence, for example for ineffective assistance of counsel. It is usually due within one year after the conviction becomes final (28 U.S.C. § 2255(f)). See 2255motion.com.
• Compassionate release. A motion asking the judge to reduce a prison sentence for extraordinary and compelling reasons, filed after the person asks the warden and either exhausts BOP appeals or waits 30 days (18 U.S.C. § 3582(c)(1)(A)). It can’t be used to attack the validity of the conviction itself (Fernandez v. United States (2026)). See CompassionateRelease.com.
• Clemency. The President can pardon a federal offense or commute (shorten) a federal sentence (U.S. Const. art. II, § 2). See Clemency.com.