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:

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