Breaking Down Assault and Battery Charges in Federal Court
Basic assault and battery is a federal offense if the incident allegedly occurred on federal property, the alleged victim was a federal officer or employee, or the defendant’s conduct allegedly violated a specific federal law.
The federal property provision is the most common one. The list includes military bases, national parks, federal courthouses, post offices, VA hospitals, and other areas owned or controlled by the United States government (perhaps including an Indian reservation). The federal officer requirement, which is a rather distant second, only applies if the officer was carrying out official duties at the time.
Only a handful of Tampa criminal defense lawyers are legally and technically qualified to handle federal criminal assault and battery charges. Attorneys need special permission to practice law in federal court. Additionally, only an experienced Tampa federal crime lawyer quickly and thoroughly analyzes a case, identifies all possible defenses, collects evidence to support those defenses, and advocates for individuals in court.
Federal Assault and Battery Laws
18 U.S.C. § 113 outlines several categories of assault, each carrying its own potential penalties. These categories include:
- Simple assault (basically a harmful or offensive touch),
- Assault by striking or wounding (equivalent to misdemeanor assault in Florida),
- Assault resulting in serious bodily injury, with intent to commit a felony, or with a dangerous weapon (similar to aggravated assault in state court).
Penalties range from up to one year in jail for simple assault to as many as ten years, or more, for assault involving a deadly weapon or resulting in serious injury. When the assault targets a federal officer or employee under 18 U.S.C. § 111, penalties increase significantly, especially if a weapon is involved or bodily injury occurs.
Pretrial Procedure
A federal assault case is prosecuted by the United States Attorney’s Office, and proceedings take place in U.S. District Court.
The government must prove the elements of the offense beyond a reasonable doubt, including intent, the nature of the assault, the level of harm, and the federal jurisdictional basis.
Jurisdiction is a key component. Prosecutors must show either that the victim was a protected federal employee or that the conduct occurred on federal land. Sometimes jurisdictional issues become critical defense points, particularly in cases involving shared or concurrent state–federal authority. Federal officers who exceed their authority, perhaps by stopping motorists illegally, are an issue as well.
Resolving Assault Cases in Federal Court
Defenses in federal assault cases can vary widely, depending on the facts. Common defenses include self-defense, defense of others, lack of intent, mistaken identity, and challenges to the government’s jurisdiction.
Lack of intent is an effective defense in many cases. The defense may argue that the physical contact was accidental or that the alleged conduct does not meet the statutory definition of assault. Additionally, for more serious charges, such as assault with a dangerous weapon, the government must prove not only the presence of the weapon but also the defendant’s intent to cause harm, giving the defense additional avenues to challenge the evidence.
The Federal Sentencing Guidelines, which consider factors such as the severity of injury, use of weapons, criminal history, and victim status, weigh heavily in federal court sentencing matters. Judges have discretion but often follow guideline ranges unless special circumstances justify a departure or variance. Penalties may include imprisonment, supervised release, fines, restitution, and mandatory conditions tied to treatment or counseling.
Count on a Savvy Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Virtual, home, and jail visits are available.
