New York Federal Assault Lawyer
Frequently considered “attempted battery,” which is “the unlawful application of force to the person of another,” assault is defined as “the deliberate infliction … of a reasonable fear of physical injury,” and may occur regardless of whether physical contact with the alleged victim actually occurs. United States v. Delis, 558 F.3d 177, 180 (2d Cir. 2009).
While primarily a creature of state law and the subject of state prosecutions, federal assault cases are also pursued by the United States Attorney’s Office when they involve a federal official, occur in the course of committing another federal offense, or occur within the special maritime or territorial jurisdiction of the United States. The most broad and frequently utilized statutes are 18 U.S.C. §§111 and 113, however, a number of specific assaults are penalized separately. If you have been accused of committing a federal crime under any of these statutes, speak with one of our skilled New York federal assault lawyers today.
Violence Against and Officer or Employee of the United States
First, 18 U.S.C. §111 prohibits any individual from assaulting, intimidating or interfering with any officer or employee of the United States, including any member of the uniformed services. An individual may only be charged under this statute if they assault an officer while they are engaged in their official duties. This includes any former officer or employee of the United States if the assault or intimidation occurred during or because of that individual’s performance of their official duties.
A conviction for a violation of §111 carries a maximum sentence of one year imprisonment if no physical contact with the alleged victim occurred and up to eight years imprisonment if either physical contact occurred or if the defendant intended to commit another felony at the time.
Finally, if a deadly or dangerous weapon was used in the commission of the assault, or if the defendant inflicted bodily injury upon the victim, then a conviction for a violation of §111 carries a maximum sentence of up to 20 years imprisonment. A defense attorney who has experience handling federal assault cases in New York could help someone mitigate the potential penalties they may be facing.
Assault Within Maritime or Territorial Jurisdiction
Second, 18 U.S.C. §113 prohibits a variety of assaults – and imposes varying degrees of punishment – by or against any American citizen occurring within the special maritime or territorial jurisdiction of the United States, such as international waters. Because these types of federal assault cases can be complex, it is important that anyone facing these charges reach out to our attorneys in New York.
For example, any defendant who commits an assault in the course of an attempted murder may be punished by up to 20 years imprisonment; and any individual who commits: i) an assault with a dangerous weapon and with the intent to commit bodily harm; ii) an assault resulting in serious bodily injury; or iii) an assault by strangling or suffocating a spouse or intimate partner, may be punished by up to ten years imprisonment. Finally, whoever commits an assault by simply striking, beating, or wounding another person may be punished by up to one-year imprisonment.
Other Statutes Covering Federal Assault
In addition to 18 U.S.C. §§ 111 and 113, a number of statutes are directed at specific assaults. For instance, 18 U.S.C. §112 punishes assaults on foreign officials and internationally protected persons, and 18 U.S.C. §245(b)(1)(C) punishes forcible interference with a federal officer.
18 U.S.C. §372 punishes conspiracy to impede or injure a federal officer; 18 U.S.C. §1859 punishes criminal interference with surveyors of public land; 18 U.S.C. §3056(d) punishes interference with secret service agents; 18 U.S.C. §2231 punishes resistance to a search; 21 U.S.C. §461(c) punishes assaults on poultry inspectors; 26 U.S.C. §7212(a) punishes assaults on IRS agents; and 29 U.S.C. §629 punishes the interference with equal employment opportunity commission personnel.
Contact a New York Federal Assault Attorney
Hiring a top criminal defense attorney to defend you in any federal assault prosecution is crucial and allows any viable defense to be explored and utilized on your behalf. The New York federal assault lawyers at the Law Offices of Jeffrey Lichtman have successfully handled many of these cases. Contact us today for a free consultation.