Federal Assault

Chicago Federal Assault Defense Lawyer

Federal Assault Charges under 18 U.S.C. § 113: What You Need to Know

As an experienced criminal defense attorney in Illinois, I understand the gravity and complexity of facing federal assault charges. Federal assault charges, prosecuted under 18 U.S.C. § 113, can carry severe penalties and long-lasting consequences. This comprehensive article aims to provide a detailed overview of federal assault charges, including relevant statutes, penalties, and frequently asked questions. My goal is to offer a thorough understanding of these charges and underscore the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

Federal assault charges are governed by 18 U.S.C. § 113. This statute encompasses various forms of assault that occur within the special maritime and territorial jurisdiction of the United States. The statute delineates several types of assault, each with distinct definitions and associated penalties. These include:

• Assault with Intent to Commit Murder: This involves an assault with the specific intent to kill the victim. It is one of the most serious offenses under this statute.
• Assault with Intent to Commit Any Felony, Except Murder or a Sexual Assault: This includes assaults with the intent to commit felonies other than murder or sexual assault.
• Assault with a Dangerous Weapon: This occurs when an assault is committed using a weapon or object that can cause serious bodily harm.
• Assault Resulting in Serious Bodily Injury: This type of assault involves inflicting injuries that significantly impair the victim’s physical condition.
• Assault Resulting in Substantial Bodily Injury to a Spouse, Intimate Partner, or Dating Partner: This is specific to assaults causing considerable harm to intimate partners.
• Simple Assault: This involves attempts or threats to inflict minor bodily injury without a dangerous weapon.

In addition to 18 U.S.C. § 113, other relevant statutes include:

• 18 U.S.C. § 111: Assaulting, resisting, or impeding certain officers or employees.
• 18 U.S.C. § 115: Influencing, impeding, or retaliating against a federal official by threatening or injuring a family member.

These statutes work in conjunction to address a broad range of assaultive behaviors that fall under federal jurisdiction.

Potential Punishments and Consequences

The penalties for federal assault charges under 18 U.S.C. § 113 vary depending on the specific type of assault and the circumstances surrounding the offense. Here is an overview of the potential punishments and consequences if convicted of federal assault:

1. Assault with Intent to Commit Murder: This is one of the most severe charges under the statute and can result in life imprisonment or any term of years, depending on the severity of the offense and the defendant’s criminal history.

2. Assault with Intent to Commit Any Felony, Except Murder or a Sexual Assault: Conviction can lead to imprisonment for up to 20 years, reflecting the serious nature of intending to commit a felony.

3. Assault with a Dangerous Weapon: This offense carries a potential prison sentence of up to 10 years. The use of a weapon in the commission of the assault significantly increases the gravity of the charge.

4. Assault Resulting in Serious Bodily Injury: Conviction can result in imprisonment for up to 10 years. Serious bodily injury is defined as injury involving a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or loss or impairment of the function of a bodily member, organ, or mental faculty.

5. Assault Resulting in Substantial Bodily Injury to a Spouse, Intimate Partner, or Dating Partner: This charge can result in imprisonment for up to 5 years. The statute specifically addresses harm inflicted on intimate partners to provide additional protection against domestic violence.

6. Simple Assault: This is the least severe charge under the statute and can result in imprisonment for up to 6 months. If the victim is a minor under the age of 16, the penalty can increase to up to 1 year in prison.

In addition to imprisonment, other potential consequences of a federal assault conviction include:

• Fines: Federal assault convictions can result in significant fines, which vary depending on the severity of the offense and the defendant’s financial situation.
• Probation: In some cases, the court may impose probation instead of or in addition to imprisonment. Probation conditions can include regular check-ins with a probation officer, participation in counseling or treatment programs, and adherence to strict behavioral requirements.
• Permanent Criminal Record: A federal assault conviction results in a permanent criminal record, which can have long-term implications for employment opportunities, housing options, and other aspects of life.
• Restitution: The court may order the defendant to pay restitution to the victim for medical expenses, lost wages, and other costs resulting from the assault.

Understanding these potential penalties highlights the importance of mounting a strong defense to mitigate or avoid these severe consequences.

Common Defenses for Federal Assault Charges

Defending against federal charges requires a strategic approach tailored to the specifics of the case. Here are some common defenses that can be effective in challenging these charges:

One of the primary defenses against federal assault charges is self-defense. If the defendant can demonstrate that they were protecting themselves or others from imminent harm, this can be a valid defense. The key is to show that the force used was reasonable and proportionate to the threat faced.

Another common defense is the lack of intent. For many types of assault charges under 18 U.S.C. § 113, the prosecution must prove that the defendant intended to cause harm or commit a felony. Demonstrating that the actions were accidental or that there was no intent to harm can be a strong defense.

Mistaken identity can also be an effective defense in assault cases. If the defendant can provide evidence that they were not the person who committed the assault, this can lead to an acquittal. This might involve alibi witnesses, surveillance footage, or other forms of evidence that place the defendant elsewhere at the time of the offense.

Challenging the credibility of the prosecution’s witnesses can also be a critical defense strategy. This can involve cross-examining witnesses to uncover inconsistencies in their testimony, biases, or motives to lie. Discrediting key witnesses can weaken the prosecution’s case significantly.

In some cases, it may be possible to argue that the victim consented to the conduct that led to the assault charges. This defense is more commonly used in cases involving mutual combat or situations where both parties were engaged in a consensual physical altercation. The challenge is to prove that the consent was given freely and without coercion.

Each case is unique, and the best defense strategy will depend on the specific facts and circumstances. Consulting with an experienced criminal defense attorney is essential for developing a tailored defense plan.

FAQs about Federal Assault Charges

What constitutes assault under federal law?

Federal law defines assault as any intentional act that causes another person to fear imminent harm or offensive contact. This can include actions such as threatening to hit someone, attempting to strike someone, or actually making physical contact. The severity of the assault charge depends on factors such as the intent behind the assault, the use of a weapon, and the extent of the injuries caused.

Can a verbal threat be considered assault under 18 U.S.C. § 113?

Yes, a verbal threat can be considered assault if it causes the victim to fear imminent harm. The key element is whether the victim had a reasonable belief that they were in immediate danger. Verbal threats accompanied by actions that indicate an intent to carry out the threat, such as raising a fist or brandishing a weapon, are more likely to be considered assault.

What is the difference between simple assault and aggravated assault?

Simple assault typically involves minor injuries or threats without the use of a weapon. It is the least severe form of assault and carries lighter penalties. Aggravated assault, on the other hand, involves more serious actions such as causing substantial or serious bodily injury, using a dangerous weapon, or assaulting specific protected classes of individuals. Aggravated assault carries harsher penalties due to the increased harm and danger involved.

How does federal jurisdiction apply to assault charges?

Federal jurisdiction applies to assault charges that occur on federal property or involve federal officers or employees. This can include military bases, national parks, government buildings, and other areas under federal control. Additionally, assaults against federal officers, employees, or their family members can also fall under federal jurisdiction, regardless of where the assault occurred.

Can self-defense be used as a defense for federal assault charges?

Yes, self-defense is a common defense for federal assault charges. To successfully use this defense, the defendant must show that they were protecting themselves or others from imminent harm and that the force used was reasonable and proportionate to the threat. Evidence such as witness testimony, surveillance footage, and medical reports can support a self-defense claim.

What should I do if I am charged with federal assault?

If you are charged with federal assault, it is crucial to seek legal representation immediately. An experienced criminal defense attorney can help you understand the charges against you, develop a defense strategy, and navigate the complexities of the federal legal system. Avoid speaking to law enforcement or prosecutors without your attorney present, as anything you say can be used against you in court.

Can federal assault charges be reduced or dismissed?

Yes, federal assault charges can sometimes be reduced or dismissed through negotiations with the prosecution or by challenging the evidence in court. An experienced attorney can negotiate for lesser charges, such as a misdemeanor instead of a felony, or argue for the dismissal of charges if there are weaknesses in the prosecution’s case. Each case is unique, and the likelihood of reducing or dismissing charges depends on the specific circumstances.

What are the long-term consequences of a federal assault conviction?

A federal assault conviction can have long-term consequences beyond the immediate penalties of fines, imprisonment, and probation. It results in a permanent criminal record, which can affect your employment opportunities, housing options, and ability to obtain professional licenses. Additionally, a conviction can impact your personal relationships and reputation. Understanding these consequences underscores the importance of mounting a strong defense and seeking skilled legal representation.

Why You Need a Defense Attorney

Facing federal assault charges is a serious matter that requires skilled legal representation. Here’s why you need an attorney and why you should choose The Law Offices of David L. Freidberg:

Understanding the complexities of federal assault laws and the nuances of defending against these charges requires in-depth knowledge and experience. An attorney will ensure that your rights are protected throughout the legal proceedings, from the initial investigation to the trial. Developing an effective defense strategy is crucial for achieving a favorable outcome. An experienced attorney can identify weaknesses in the prosecution’s case and present a strong defense on your behalf.

In many cases, an attorney can negotiate with the prosecution for reduced charges or alternative sentencing options. Facing federal assault charges can be incredibly stressful. An attorney can provide guidance, support, and reassurance throughout the process. Consulting with an experienced criminal defense attorney is essential for developing a tailored defense plan.

Call The Law Offices of David L. Freidberg For Your Free Consultation

If you are facing federal assault charges, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. With decades of experience and a commitment to protecting your rights, we offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County in Illinois. Let us help you navigate the legal system and fight for your future.