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

Thanks for visiting Federal Lawyers, a second-generation firm managed by our lead attorney 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.

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Legal Scenario: What Would You Do?

Scenario

After a heated argument at a federal building, you shoved a coworker who then fell and bruised their arm. Federal police responded and you were charged with simple assault under 18 U.S.C. § 113(a)(5), and now you're facing the possibility of a federal misdemeanor conviction.

What kind of sentence am I realistically looking at for a simple assault charge under federal law, and is there any way to avoid a permanent record?

Attorney's Answer

Under 18 U.S.C. § 113(a)(5), simple assault is a Class B misdemeanor carrying a maximum of 6 months in federal custody, though if the victim were under 16, that ceiling rises to 1 year as a Class A misdemeanor. The U.S. Sentencing Guidelines treat this at the lower end of the spectrum, and first-time offenders with no criminal history frequently receive probation rather than incarceration. We would immediately explore a pretrial diversion agreement with the U.S. Attorney's office, which upon successful completion results in dismissal of the charge entirely—keeping your record clean. We'd also investigate whether the facts support a self-defense claim or whether the conduct even meets the federal standard for assault, since mere offensive touching without intent can be a strong basis for dismissal.

This is general information only. Contact us for advice specific to your situation.

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