18 U.S.C. § 111 - Assaulting federal officer

18 U.S.C. § 111 makes it a federal crime to assault, resist, oppose, impede, intimidate, or interfere with a federal officer or employee while they are engaged in or on account of their official duties. This law covers offenses ranging from simple assault to assault with a deadly weapon, and applies to a broad range of federal employees, including FBI, DEA, ATF, and IRS agents. Let's break down this law and what it means.

Who is covered under 18 U.S.C. § 111?

This law protects any officer or employee of the United States or someone assisting them while engaged in or on account of their official duties. This includes all manner of federal agents, officers, and employees, such as:

• FBI agents
• DEA agents
• ATF agents
• IRS agents
• Federal prison guards
• Postal inspectors
• Federal judges
• Members of Congress

So if you assault an FBI agent who is questioning you about a federal crime, you can be charged under this statute. Or if you intimidate an IRS agent who is auditing your taxes. Get the idea?

What constitutes an assault under 18 U.S.C. § 111?

There are a few ways you can violate this law:

1. Forcibly assaulting a federal officer
2. Resisting a federal officer
3. Opposing a federal officer
4. Impeding a federal officer
5. Intimidating a federal officer
6. Interfering with a federal officer

And you don't actually have to touch the officer to be guilty of assault. Even threatening violence or force can constitute an assault under this law. For example, raising your fist in a threatening manner or lunging at an officer could be enough.

Simple Assault vs. Serious Assault

18 U.S.C. § 111 covers two types of assault:

1. Simple assault - Forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with an officer without physical contact or use of a dangerous weapon. This is a misdemeanor punishable by up to 1 year in prison.
2. Serious assault - Assaulting an officer using a dangerous or deadly weapon, or causing bodily injury. This is a felony punishable by up to 20 years in prison.

So if you shove or slap a federal agent, that could be a simple assault. But if you punch them and cause an injury, now we're talking serious assault. And if you assault them with a bat, knife, or gun? Now you've committed a felony.

Defenses to Assaulting a Federal Officer

While 18 U.S.C. §.S.C. § 111.

Self-defense - If you can show you acted in self-defense against an officer using excessive force, this may provide a defense.

Coercion/duress - If you were coerced or under immediate threat of harm, you may have a duress defense.

Mistake of fact - If you mistakenly thought the officer was an intruder or threat, this could undermine intent.

While assaulting a federal officer is a serious federal crime, all hope is not lost if you are charged under 18 U.S.C. § 111. An experienced federal criminal defense lawyer may be able to negotiate a plea deal or even win a dismissal of the charges against you. The bottom line? Don't assault federal agents. But if you find yourself accused under this statute, you still have rights and defenses. Contact a lawyer today to discuss your case in confidence.

References

Here are some useful references on 18 U.S.C. § 111:

• 18 U.S. Code § 111 - Cornell Law School
• DOJ Criminal Resource Manual on 18 U.S.C. § 111
• Assault on a Federal Officer Laws & Charges - FederalCharges.com