NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is assault on federal officer
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek – who has over 40 years of combined experience with our legal team. You’ve probably heard about some of the cases we’ve handled, like the Anna Delvey Netflix series, the Ghislaine Maxwell juror misconduct case, or the Alec Baldwin stalking matter. We take on cases other law firms won’t touch.
If you’re reading this article, you or someone you know is dealing with an assault on a federal officer charge. Federal assault charges under 18 USC 111 come with mandatory federal sentencing guidelines and prosecutors who don’t negotiate the way local DAs do. This article explains what assault on a federal officer is, who counts as a federal officer, what the penalties look like in 2025, and what recent cases tell us about DOJ enforcement.
The Three Tiers of 18 USC 111
Federal law divides assault on a federal officer into three categories – and the difference between them is the difference between a year in jail and twenty years in federal prison.
Simple assault is a Class A misdemeanor. Up to one year and a $100,000 fine. You don’t need to make physical contact with the officer to be convicted. Threatening gestures, blocking an officer’s path during an arrest, verbal threats combined with aggressive movement. Federal prosecutors in Oregon charged someone in July 2025 for spitting on an officer’s helmet – that’s simple assault, but it’s still a federal conviction.
Serious assault without a deadly weapon is a felony with up to 8 years in prison and fines up to $250,000. This requires actual physical contact with the officer and intent to commit another felony. Manuel Duarte-Ibarra was sentenced to 12 months in prison on July 3, 2024 after pleading guilty to assaulting a Border Patrol agent. Federal sentencing guidelines for a first offense typically yield 12-18 months.
Assault with a deadly weapon or causing bodily injury carries up to 20 years in federal prison. Use a weapon – metal barrier, vehicle, or firearm – or cause injury requiring medical treatment, and you’re facing this tier. Michael Leroy Witt was sentenced on December 17, 2024 to 120 months after trial. Keith Pharms got 15 years for shooting at an FBI task force officer.
Who Counts as a Federal Officer
The statute protects federal officers listed in 18 USC 1114 – which is broader than most people think.
IRS agents conducting tax investigations. FBI agents making arrests. DEA agents in drug enforcement operations. Border Patrol agents at checkpoints – Border Patrol cases make up a significant portion of 18 USC 111 prosecutions in border districts. Federal correctional officers at BOP facilities. U.S. Marshals serving warrants. TSA agents at airport security.
People don’t realize that pushing an IRS agent away from your door is a federal felony. Resisting a Border Patrol agent during a traffic stop is a federal case, not a local matter. In September 2024, Raul Yepez Garcia was indicted in Oklahoma for assaulting a federal officer with a deadly weapon.
DOJ Enforcement Priorities in 2025
Assault on federal officers is a DOJ enforcement priority, prosecutors don’t drop these charges to save resources the way they might with other federal crimes.
The FBI reported that more than 85,700 officers were assaulted in 2024 – a 10-year high. Federal prosecutors view assault on federal officers as an institutional threat, that’s why these cases get prosecuted even when injuries are minimal.
Since June 13, 2025, the U.S. Attorney’s Office in Oregon has charged 31 defendants at the ICE building for assaulting federal officers during protests. One defendant kicked an officer on July 4, 2025 – federal charges followed. January 6 cases show the same pattern. Approximately 452 defendants were charged with assaulting federal officers. Stephen Chase Randolph was sentenced to 8 years in prison for assaulting officers with a metal barrier.
Federal Sentencing Guidelines
Statutory maximums tell you the ceiling, but federal sentencing guidelines tell you what actually happens in court.
Impeding or obstructing federal officers generally results in a 6-12 month guidelines range on a first offense. Simple assault yields 6-12 months. Assault with physical contact typically yields 12-18 months. Assault with intent to commit another felony jumps to 33-41 months. If the officer sustained injuries, the guidelines increase. If there was more than minimal planning, they increase again.
Juan Jose Antuche-Garcia was sentenced on September 15, 2025 to time served after pleading guilty. That’s the low end – cooperation, guilty plea, no weapon, no injury. Jonathan Mota and Dominic Adams were sentenced to 20 years in prison on January 31, 2024 for attempting to kill a federal correctional officer. That’s the high end – deadly weapon, intent to kill, prison violence.
Judges can depart from the guidelines after United States v. Booker, but assault on federal officers is one area where judges tend to follow guidelines closely.
What Physical Contact Actually Means
People think assault requires punching or tackling an officer. It doesn’t.
Misdemeanor assault under 18 USC 111 requires a “forcible act” – blocking an officer’s path with your body during an arrest, grabbing an officer’s arm to prevent handcuffing, or spitting toward an officer. Portland cases in 2025 included spitting on an officer’s helmet and kicking an officer’s leg.
Felony assault requires actual physical contact combined with intent to commit another felony. You shove an officer while they’re arresting you for drug possession – the shove is the assault, the drug charge is the underlying felony, and now you have both.
Assault with a deadly weapon or causing bodily injury requires either a weapon or actual injury. “Bodily injury” means injury requiring medical treatment – cuts requiring stitches, broken bones, head injuries. “Deadly weapon” includes firearms, knives, metal barriers, vehicles, and any object capable of causing serious injury.
What We Do at Spodek Law Group
If you’re facing an assault on a federal officer charge, you need a lawyer who understands federal sentencing guidelines and has experience with federal prosecutors. These cases don’t resolve the way state cases do. Federal prosecutors don’t drop assault charges to get guilty pleas on other counts – they stack them.
Our team at Spodek Law Group has handled federal violent crime cases for years. We know how to challenge the government’s evidence on intent, argue for downward departures at sentencing, and use cooperation under substantial assistance to reduce guidelines sentences. Todd Spodek – our managing partner and a second-generation criminal defense lawyer with many, many years of experience – has represented clients in cases the media said were unwinnable.
Federal assault cases move fast. Once you’re indicted, you have limited time to investigate the facts and negotiate with prosecutors. We start working immediately – interviewing witnesses, obtaining video evidence, building a defense strategy tailored to your case. Unlike other law firms that focus on their relationship with prosecutors, we focus on you.
The worst thing you can do is wait. If federal agents have contacted you about an assault investigation, if you’ve been arrested and released on bond, or if you’re already indicted – call us now. Federal cases don’t get better with time, they get worse. We’re available 24/7 because federal arrests don’t happen on a schedule.