Assault on a Federal Officer
Miami Assault Attorneys Fighting for You
Getting into an altercation with a federal officer or employee can have serious consequences, including charges of assault. These types of cases are tried in federal court and tend to be prosecuted more aggressively, making it especially important for those who have been charged with this offense to retain a federal crime lawyer who will aggressively represent their interests in court.
Elements of Assault
Before a person can be convicted of assaulting a federal officer, prosecutors must be able to prove that:
- The defendant forcibly assaulted a federal officer or employee;
- The assault occurred while the officer was engaged in, or on account of his or her official duties; and
- The defendant made physical contact and acted with the intent to commit another felony.
In order to qualify as a federal employee or officer, a person must have:
- Been employed by the U.S.;
- Worked for a U.S. agency; or
- Been a member of the uniformed services.
Forcible assaults against those who formerly served as a federal officer on account of the performance of those official duties can also be prosecuted under this federal statute. There is also no requirement that a defendant have been aware of the victim’s status to be convicted of this offense. Furthermore, defendants are not permitted to raise the defense of voluntary intoxication.
If physical contact was made between the assailant and the federal officer, or the defendant intended to commit another felony at the time of the assault, then the accused faces up to eight years in prison. However, if the altercation only satisfied the requirements of a simple assault, a defendant may only end up serving a year in prison. If a defendant is accused of using a deadly weapon during the assault or of causing bodily injury, the possible prison sentence is increased to 20 years. This is true even if a person did not intend to cause a bodily injury. A weapon is considered deadly if it is used in such a way that it is capable of causing serious bodily injury or death.
Injuring the Family Member of a Federal Officer
Defendants who attack the family members of a federal officer face additional federal charges if the altercation included an assault or threat of assault against the spouse, parent, sibling, or child of a current or former United States official, judge, or federal law enforcement officer. If the assault did not include physical contact, a defendant faces up to one year in prison. However, if physical contact was involved, the term of imprisonment increases to 10 years. When a bodily injury was sustained as a result of the assault, the accused could be sentenced to 20 years in prison, unless a weapon was used during the assault, in which case the sentence will be increased to 30 years.
Sentence Reduced Federal Crime
Client was indicted on a conspiracy to defraud.
Case Dismissed Professional License Defense
Client, a law student, was charged with criminal mischief and disorderly conduct.
Charges Reduced International Defense
A United States citizen was arrested and charged with assault and battery in Spain.
Case Dismissed Fraud Crime
Client was charged with title fraud and insurance fraud in different counties.
Sentence Reduced Federal Crime
Client was indicted with conspiracy to commit money laundering and making a materially false statement to a federal agent.
Jeffrey S. Weiner, PA is the embodiment of professionalism. Its attorneys’ not only have mastery of the law in which they ...- Andres Pino on Google
My family hired Jeffrey S. Weiner, P.A. Attorneys at Law, to help us with a frightening issue where my daughter was involved. ...- Mario Machin on Google
Jeffery Weiner PA Jeffery Weiner, Yisel Villar and their entire staff were very helpful and professional in taking care of my ...- Jay R. on Google
Hard to Believe! In this hectic day and age it is difficult, if not impossible, to find reliable Professionals, much ...- Dean Levrey on Google
If you're reading this just know that you will get through it. I'm sure most of us don't plan on being in a situation where ...- Kevin Pillow on Google
Jeffrey Weiner & Diego Weiner did an excellent work and obtained a successful result in our case which was a long shot and we ...- Diana Murcia on Google
"The exceptional team at Jeffrey S. Weiner 's law firm are compassionate and extremely professional." "Best Recommendation ...- Luis Tejeda on Google
Jeff Weiner and all of his associates have an excellent knowledge and grasp of the law but, perhaps more importantly, they ...- Ileana Ros-Lehtinen on Google