NATIONALLY RECOGNIZED FEDERAL LAWYERS
How long for hitting federal agent
|Thanks for visiting Spodek Law Group – we’re a second-generation law firm managed by Todd Spodek, who has many, many, years of experience handling federal criminal defense cases. Our attorneys have over 40 years of combined experience, and we’ve handled some of the most famous criminal cases in recent memory – like Anna Delvey’s trial that became a Netflix series, the Ghislaine Maxwell juror misconduct case, and the Alec Baldwin stalking matter. If you’re facing charges for assaulting a federal agent, you need to understand what you’re actually looking at in terms of prison time.
The question isn’t simple. Federal assault charges under 18 U.S.C. § 111 come in three different flavors, and the difference between them determines whether you’re facing a year or two decades in federal prison.
The Three-Tier System That Controls Your Sentence
Simple assault – that’s the misdemeanor version – carries up to one year in prison and a $100,000 fine. You don’t need physical contact to violate this law. Resisting, impeding, intimidating, or interfering with a federal officer is enough. Push back when ICE tries to detain someone at your house, that’s simple assault.
The felony version without a weapon jumps to eight years maximum. This requires actual physical contact or an intent to commit another felony during the assault. Shove an FBI agent during an arrest – you’re looking at the eight-year felony. Punch a DEA agent while they’re executing a search warrant, same thing.
Then there’s the big one. Assault with a deadly weapon or causing bodily injury – 20 years maximum in federal prison. This is a Class C felony, and the “deadly weapon” definition is broad. A car can be a deadly weapon if you drive it at an agent. A baseball bat. A knife. A gun. Even your hands can qualify if the assault causes serious injury.
What You’ll Actually Get vs. The Maximum
Statutory maximums mean almost nothing in federal court, the sentencing guidelines control what actually happens. For a first-time offender with no criminal history, simple obstruction or simple assault typically results in 6-12 months under the guidelines. Federal judges follow these guidelines most of the time – according to the U.S. Sentencing Commission, over 80% of federal sentences fall within or below the guideline range.
Physical contact with a federal officer generally yields 12-18 months for a first offense. That’s the reality when someone shoves an agent or throws a punch that connects. The guidelines start at offense level 14 for aggravated assault, but then everything depends on the specific offense characteristics that apply to your case.
Even felony assault with a weapon – the 20-year maximum charge – typically results in guidelines of 12-18 months for first-time offenders if you’re just possessing and threatening use of the weapon. The gap between statutory maximum and actual guideline sentence is enormous, and that’s where defense attorneys earn their fees. Prosecutors will tell you about the 20-year maximum to scare you into pleading. Your lawyer needs to show you what the guidelines actually say.
Enhancement Factors That Stack Up Fast
The base offense level is where calculations start, but federal sentencing is all about enhancements. Each factor adds levels to your offense calculation, and each level means more months in prison.
More than minimal planning adds 2 levels. Driving to an ICE office specifically to confront agents – that’s planning. Spontaneous assaults during unexpected encounters don’t typically get this enhancement.
Weapon use enhancements vary by how you used it. Discharge a firearm – add 5 levels. Use a dangerous weapon – add 4 levels. Brandish a weapon or threaten its use – add 3 levels. These numbers matter because each level adds months to your sentence range.
Bodily injury drives sentences up according to severity. Minor injury might add 2 levels. Serious bodily injury – broken bones, wounds requiring stitches, permanent scarring – can add 4-6 levels. The guidelines cap weapon and injury enhancements combined at 10 levels, but that’s still enough to take a 12-18 month sentence and push it to 5-6 years.
Who Counts As A Federal Agent
The statute covers anyone designated in 18 U.S.C. § 1114, which is a long list. FBI agents, obviously. DEA agents, U.S. Marshals, Secret Service agents, ATF agents, Border Patrol agents, ICE officers. But it also includes federal employees you might not expect.
Postal workers are federal employees. Assault a mail carrier during their route, that’s a federal offense under Section 111. TSA officers at airports – federal employees. Park rangers in national parks – federal employees. IRS agents executing tax investigations – federal employees. Federal public defenders representing criminal defendants – covered by the statute.
The officer must be performing official duties when the assault occurs. Official duties are defined broadly – traveling to or from work counts, wearing identifying gear counts, announcing federal authority counts.
Real Sentences From Recent Cases
Roberto Esquivel got 19 years in federal prison in July 2024 for shooting a Border Patrol agent twice during a traffic stop in New Mexico. Two shots to the torso, agent survived. That’s attempted murder on top of the assault charges – sentences stack when you add additional crimes.
Bryan Perry and Jonathan O’Dell – militia members convicted in August 2025 – received life sentences and 165 years respectively for attempting to murder FBI agents. Multiple counts, multiple victims, conspiracy charges, firearms charges – everything stacked together.
Most assault cases don’t involve shootings or murder attempts. Someone shoves an ICE agent during a home raid – they’re looking at 12-18 months under the guidelines for a first offense. Throw something at a federal officer during a protest – probably 6-12 months if there’s no injury. These cases rarely make news, but they’re the bulk of Section 111 prosecutions.
Criminal History And Reductions That Matter
Criminal history categories control your guideline range as much as offense level does. First-time offender – Category I – gets the lowest range. Prior convictions – Category VI – can double or triple your sentence for the same conduct. Acceptance of responsibility reduces your offense level by 2-3 levels if you plead guilty early, that’s worth 6-12 months in many cases. Substantial assistance – cooperating with prosecutors – can cut sentences by 30-50% through a 5K1.1 motion, but cooperation isn’t always possible or advisable.
Why You Need A Federal Defense Attorney Immediately
Federal assault charges move fast – the U.S. Attorney’s Office files charges quickly, and within weeks you’re facing detention hearings, arraignment, and pressure to plead. We’ve handled federal assault cases where clients contacted us within days of arrest, and cases where defendants waited months. The early cases always go better. We can challenge detention, build mitigation before the presentence report is written, negotiate with prosecutors before they’ve locked into a position.
Federal sentencing is technical. It’s not like state court – federal sentences are calculated using the guidelines manual, with enhancements that require expertise to challenge. We’ve seen defendants lose years of their lives because their lawyer didn’t know how to argue against enhancements or didn’t object to incorrect calculations in the presentence report.
At Spodek Law Group, we handle federal cases throughout the country. We know the guidelines, we know the U.S. Attorneys’ Offices, and we know how to fight for the lowest possible sentence when conviction is likely. Todd Spodek has handled hundreds of federal criminal cases – he knows what works when you’re facing federal assault charges.
Federal convictions carry real prison time in federal facilities often far from home. Federal sentences don’t have parole – you serve at least 85% of whatever sentence you receive. If you’re under investigation or charged with assaulting a federal agent, contact Spodek Law Group immediately. We’re available 24/7. You need representation before you make statements, before detention hearings, before any decisions that affect your sentence. Call us.