Simple Assault – 18 U.S.C. § 113(a)(5) Sentencing Guidelines

Thanks for visiting Spodek Law Group, a second-generation firm managed by Todd Spodek with over 40 years of combined experience. When federal prosecutors charge simple assault under 18 U.S.C. § 113(a)(5), they’re alleging basic assault without serious injury, dangerous weapons, or murderous intent. The maximum sentence is **6 months** (1 year if victim is under 16)—but even misdemeanor convictions carry consequences: federal criminal records, supervised release, potential immigration impacts for non-citizens.

This article explains how simple assault sentencing works, why these cases often resolve through diversionary programs, and when fighting charges makes more sense than accepting pleas.

What Constitutes Simple Assault?

Section 113(a)(5) criminalizes assault without aggravating factors. Courts define assault as:

• **Intentional attempt to cause bodily injury** – The defendant tried to hurt someone, even if they failed
• **Threatening or placing another in fear** – The defendant made threats coupled with apparent ability to carry them out
• **Offensive touching** – The defendant made unwanted physical contact that a reasonable person would find offensive

No serious injury required, no weapons necessary, no intent to kill or maim. Simple assault covers bar fights, shoving matches, slaps, punches that don’t cause substantial harm—conduct that’s criminal but not severely so.

Federal jurisdiction typically arises when simple assaults occur on federal property: national parks, military bases, federal buildings, post offices, Indian reservations. Someone who gets into a fistfight at a national park campground faces federal simple assault charges, even though the same fight at a state park would be prosecuted under state law.

Federal Sentencing: Offense Level 4

Under §2A2.3 of the Federal Sentencing Guidelines, simple assault receives base offense level 4. At Category I, that yields 0-6 months. Most defendants receive probation or time served if they spent days in jail awaiting arraignment.

Enhancements are minimal for simple assault:

• **+3 levels** if the victim was a law enforcement officer (though this often gets charged as assault on federal officer under 18 USC 111 instead)
• **+2 levels** if the assault involved more than minimal planning

Even with enhancements, simple assault rarely yields significant prison time. Courts recognize these as low-level offenses—serious enough to warrant federal attention when they occur on federal property, but not serious enough to justify lengthy incarceration.

Diversionary Programs and Deferred Prosecution

Federal prosecutors often offer first-time offenders charged with simple assault opportunities to avoid conviction through diversionary programs. These programs typically require:

• *Anger management classes* – Demonstrating commitment to addressing underlying issues that led to violence
• *Restitution* – Compensating victims for medical expenses or property damage
• *Community service* – Performing hours of service as alternative to jail time
• *Probation* – Remaining arrest-free during a supervision period (typically 6-12 months)

Successfully completing diversion results in charges being dismissed. No conviction appears on your record—just an arrest that can often be sealed or expunged. For defendants worried about employment, professional licenses, or immigration status, diversion programs offer paths to avoid permanent criminal records.

But diversion isn’t automatic. Prosecutors offer it when they believe defendants will comply, when victims support it, and when criminal histories don’t suggest pattern violence. Defendants with prior assault convictions, those who seriously injured victims (even if charged with simple rather than aggravated assault), or those facing additional charges rarely qualify.

When to Fight Simple Assault Charges

Most defendants accept plea offers or diversion for simple assault—6 months maximum, often resulting in probation, makes fighting charges seem not worth the risk. But sometimes contesting charges makes sense:

*Self-defense:* If you were defending yourself from imminent harm and used reasonable force, you’re not guilty of assault. Evidence that the other person initiated violence, threatened you, or created reasonable fear for your safety negates criminal liability.

*Lack of intent:* If contact was accidental, if you were defending property rather than attacking a person, or if the “assault” was actually lawful conduct (like a security guard restraining someone), prosecutors can’t prove the intentional conduct assault requires.

*Immigration consequences:* For non-citizens, even misdemeanor assault convictions can trigger deportation, inadmissibility, or denial of naturalization. When immigration status is at risk, fighting charges—even with unfavorable odds—might be worth it to avoid conviction.

*Professional licensing:* Lawyers, doctors, nurses, teachers, and other licensed professionals face disciplinary action for assault convictions. If your license is at risk, trial might be preferable to pleading guilty and hoping licensing boards show leniency.

Todd Spodek built this firm defending clients in cases ranging from federal murder to simple assault—every case matters, regardless of maximum sentence. Our representation taught us that “minor” charges can have major consequences depending on clients’ circumstances. Immigration status, professional licenses, security clearances, child custody—simple assault convictions affect all of these. When accepting guilt carries collateral consequences worse than potential jail time, fighting charges makes constitutional and practical sense. If you’re charged with federal simple assault, contact us immediately. These cases move quickly, and diversion opportunities often expire if not pursued early. We’re available 24/7.