What is a Federal Assault Charge?
Assault on federal property, like all other federal crimes, is a serious offense under U.S. law. It involves committing an act of violence or threatening behavior against a person or entity on property owned, operated, or controlled by the federal government. Assault penalties in federal court are much more severe. Assault with injury, which is usually a misdemeanor in state court, is punishable by up to ten years in federal court. Assault without injury, which is usually a traffic ticket in state court, is punishable by up to one year in prison in federal court.
Given the symbolic and functional importance of federal spaces, U.S. attorneys are very aggressive in these cases. To them, assault challenges federal authority and public order. So, an assault on federal property is one of the rare cases that gives prosecutors a cause, other than convicting defendants. Since assault on federal property is more than just a personal act of violence and the consequences are so extreme, these defendants need the best Tampa criminal defense lawyer they can find.
Legal Framework
Under 18 U.S. Code § 111 and related statutes, assault on federal officers or employees while they are engaged in official duties is a federal crime. If this assault takes place on federal property, such as courthouses, military bases, federal office buildings, post offices, or national parks, it’s much more severe. The term “federal property” includes any building, land, or facility owned or leased by the federal government.
Common assaults on federal property include protests that turn violent on the grounds of federal courthouses or government buildings can lead to such charges if federal law enforcement officers are attacked or threatened. Similarly, physical confrontations at national monuments or parks under federal jurisdiction may fall into this category.
Tampa criminal defense lawyers also handle assaults at Veterans Affairs (VA) hospitals or federal correctional facilities. Any act of violence or threat directed at employees or agents of the federal government on these premises is prosecutable under federal assault laws.
In cases involving assaults against high-ranking officials or where the act is seen as a threat to national security, additional charges may apply, including terrorism-related offenses.
Jurisdiction and Prosecution
Federal courts have exclusive jurisdiction over crimes committed on federal property. The FBI or other federal agencies typically investigate such cases, and the U.S. Attorney’s Office prosecutes them. This means that even minor offenses on federal land can be elevated in seriousness due to jurisdiction and legal classification.
Common defenses include self-defense and entrapment. Usually, self-defense is a proportional response to an immediate, credible threat against self, person, or property. Entrapment occurs when a law enforcement officer induces a defendant to commit a crime the defendant has no predisposition to commit (e.g. I dare you to hit me).
Other common defenses include mistake of fact and duress. Defendants who honestly believe they were not on federal property at the time may be eligible for lower state court penalties. Duress is usually extreme pressure to commit a crime, such as severe depression or anxiety.
Count on a Dedicated Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a free consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters in Pinellas County and nearby jurisdictions.
Source:
justice.gov/archives/jm/criminal-resource-manual-1610-assault-18-usc-351e
