Jury Instruction - Assaulting A Federal Officer - Without Use Of A Deadly Weapon
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FAQ
In the federal criminal system, an assault is an attempt to hit another person or an act that causes someone to reasonably expect impending harm.An assault requires neither harm nor physical contactthe crime is complete whether the assailant succeeds in hitting the other person or actually fires the gun.
Assault with a deadly weapon is usually a felony punishable by one to twenty years in prison, depending on the specific provisions of each state's sentencing statute or sentencing guidelines.
Whoever 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 his official duties, shall be fined not more than $5,000 or imprisoned not more than three years, or both.
Hitting or touching someone in an unwanted, offensive manner -- even threatening or attempting to do so -- is referred to as assault and/or battery and can lead to criminal charges. Those convicted of the crime may face fines or even jail time, depending on the severity of the offense.
An assault also qualifies as a federal crime if it occurs in the course of an attempt to rob or steal mail, or money or property belonging to the U.S. government. (18 U.S.C. § 2114(a).)
Depending on your situation, assault with a deadly weapon can be fall under state or federal criminal law. In most situations, it is the state that prosecutes such allegations. Only should such an alleged assault take place on U.S. property is the crime a federal crime.
If you are convicted of assault of a police officer in violation of California Penal Code Section 241(c), you could face up to one year in a Los Angeles County jail and a fine up to $1,000.
Assaulting, resisting, or impeding certain United States Government officers or employees is an offense under 18 U.S.C. § 111. Simple assault is a class A misdemeanor, but if physical contact occurs, the offense is a class D felony. If a deadly weapon is used or bodily injury is inflicted, it is a class C felony.