Chicago Criminal Lawyer Blog
As a seasoned criminal defense attorney in Chicago, I understand that facing federal assault charges can be a life-altering experience. Federal assault charges are serious offenses that can result in severe penalties, including lengthy prison sentences and hefty fines. One of the primary statutes governing federal assault charges is 18 U.S.C. § 113, which outlines various forms of assault and their corresponding penalties. In this comprehensive article, I will provide detailed information on federal assault charges under 18 U.S.C. § 113, including the relevant statutes, potential penalties, common defenses, and the importance of having skilled legal representation.
Understanding the Statute and Relevant Laws
18 U.S.C. § 113 is the federal statute that addresses assault within the special maritime and territorial jurisdiction of the United States. This statute covers a range of assault offenses, each with its own set of definitions and penalties. The statute is designed to protect individuals from various forms of physical harm and to ensure that those who commit assault are held accountable for their actions.
18 U.S.C. § 113(a) outlines several specific types of assault, including:
– Assault with intent to commit murder
– Assault with intent to commit any felony other than murder
– Assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse
– Assault resulting in serious bodily injury
– Assault resulting in substantial bodily injury to a spouse, intimate partner, or dating partner
– Simple assault
Each type of assault listed under this statute carries different penalties, depending on the severity of the offense and the circumstances surrounding the incident. For example, assault with intent to commit murder is one of the most severe charges under this statute and can result in a lengthy prison sentence if convicted.
In addition to 18 U.S.C. § 113, other relevant federal statutes may apply in assault cases, depending on the specifics of the incident. These statutes include:
– 18 U.S.C. § 111, which addresses assaulting, resisting, or impeding certain officers or employees
– 18 U.S.C. § 115, which covers influencing, impeding, or retaliating against a federal official by threatening or injuring a family member
– 18 U.S.C. § 924, which imposes additional penalties for using a firearm during the commission of a violent crime
Understanding these statutes and how they interrelate is crucial for comprehending the full scope of federal assault charges and for developing an effective defense strategy.
Potential Punishments and Consequences
The penalties for federal assault charges under 18 U.S.C. § 113 vary widely, depending on the specific type of assault and the circumstances of the case. The following is an overview of the potential punishments and consequences for each type of assault covered under this statute:
Assault with intent to commit murder is one of the most serious charges under 18 U.S.C. § 113. If convicted, the defendant can face up to 20 years in federal prison. This charge requires proof that the defendant had the specific intent to commit murder, which is a higher burden of proof than for other types of assault.
Assault with intent to commit any felony other than murder carries a potential penalty of up to 10 years in federal prison. This charge requires proof that the defendant intended to commit a specific felony, such as robbery or sexual assault, in addition to the assault itself.
Assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse is punishable by up to 10 years in federal prison. This charge involves the use of a weapon or other dangerous instrument with the intent to cause serious bodily harm to the victim.
Assault resulting in serious bodily injury is punishable by up to 10 years in federal prison. Serious bodily injury is defined as an injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
Assault resulting in substantial bodily injury to a spouse, intimate partner, or dating partner carries a potential penalty of up to 5 years in federal prison. Substantial bodily injury is defined as an injury that involves a temporary but substantial disfigurement or a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty.
Simple assault, which is the least severe charge under 18 U.S.C. § 113, is punishable by up to 1 year in federal prison if it is classified as a misdemeanor. However, if the assault involves a dangerous weapon or results in serious bodily injury, it can be classified as a felony with more severe penalties.
In addition to prison sentences, a conviction for federal assault charges can result in significant fines, supervised release, and restitution to the victim. A federal assault conviction will also become part of your permanent criminal record, which can have long-term impacts on your employment opportunities, housing options, and other aspects of your life.
Common Defenses for Federal Assault Charges
Defending against federal assault charges requires a strategic approach tailored to the specifics of your case. There are several common defenses that can be effective in challenging these charges:
One potential defense is self-defense. If you can demonstrate that you were acting in self-defense or in defense of another person, this can be a strong defense to assault charges. Self-defense requires proof that you reasonably believed you were in imminent danger of bodily harm and that the force used was necessary to prevent that harm.
Another possible defense is lack of intent. Many federal assault charges require proof of specific intent, such as the intent to commit murder or the intent to do bodily harm. If you can show that you did not have the required intent, this can be a valid defense. This may involve presenting evidence that your actions were accidental or that you did not intend to cause harm.
Mistaken identity is another defense that can be effective in assault cases. If you can demonstrate that you were not the person who committed the assault, this can be a strong defense. This may involve providing an alibi or challenging the credibility of eyewitness testimony.
Challenging the prosecution’s evidence is also a critical aspect of defending against federal assault charges. This can involve questioning the reliability and accuracy of the evidence presented, such as forensic evidence, witness statements, and surveillance footage. If there are inconsistencies or weaknesses in the prosecution’s case, this can be used to your advantage.
Each case is unique, and the best defense strategy will depend on the specific facts and circumstances. Consulting with an experienced criminal defense attorney who understands federal assault laws is essential for developing a tailored defense plan that addresses the specifics of your case and maximizes the chances of a favorable outcome.
Federal Assault Charge Frequently Asked Questions (FAQs)
What should I do if I am arrested for a federal assault charge?
If you are arrested for a federal assault charge, it is crucial to remain calm and cooperative with law enforcement. Do not resist arrest or make any statements without consulting with an attorney. Contact a criminal defense attorney as soon as possible to discuss your case and begin preparing your defense. Your attorney can help you understand your rights and the legal process, and will work to protect your interests throughout the proceedings.
Can I be released on bail for a federal assault charge?
In some cases, you may be eligible for bail while awaiting trial for a federal assault charge. Whether or not you are granted bail will depend on the specifics of your case, including the nature of the alleged assault and your criminal history. Your attorney can advocate for reasonable bail terms or your release on your own recognizance, and will work to ensure that you are treated fairly throughout the process.
What happens at a federal assault trial?
A federal assault trial is a court proceeding where the judge or jury will determine whether you are guilty or not guilty of the charges against you. During the trial, the prosecution will present evidence to support the charges, and your attorney will have the opportunity to present evidence and arguments in your defense. The standard of proof in a federal assault trial is “beyond a reasonable doubt,” which means that the prosecution must prove each element of the charge to this high standard.
Can the charges be reduced or dismissed?
In some cases, it may be possible to have the charges reduced or dismissed. This can involve negotiating with the prosecution for a plea agreement, where you agree to plead guilty to a lesser charge in exchange for a more lenient sentence. Your attorney can negotiate on your behalf to secure the best possible outcome. Additionally, if there are weaknesses in the prosecution’s case, your attorney can file motions to dismiss the charges or suppress evidence.
What are the long-term consequences of a federal assault conviction?
A federal assault conviction can have significant long-term consequences, including the possibility of incarceration, fines, and supervised release. A conviction will also become part of your permanent criminal record, which can affect your employment opportunities, housing options, and other aspects of your life. Additionally, a federal assault conviction can result in a loss of certain civil rights, such as the right to vote and the right to possess firearms.
The Importance of Legal Representation
Facing federal assault charges is a serious matter that requires skilled legal representation. Here’s why you need an attorney and why you should choose The Law Offices of David L. Freidberg:
Federal assault laws and procedures are complex, and understanding them requires in-depth knowledge and experience. An experienced attorney who understands these laws can provide the necessary expertise to develop a strong defense strategy. Your attorney will ensure that your rights are protected throughout the legal proceedings, from the initial arrest to the trial.
A knowledgeable attorney can identify weaknesses in the prosecution’s case and present a robust defense on your behalf. This can include challenging the evidence presented by the prosecution, presenting evidence and arguments to support your defense, and negotiating for reduced charges or alternative sentencing options.
Facing federal assault charges can be incredibly stressful and emotionally taxing. An attorney can provide guidance, support, and reassurance throughout the process, helping you navigate the legal system and make informed decisions about your defense.
Contact The Law Offices of David L. Freidberg For Your FREE Consultaiton
If you are facing federal assault charges, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. With decades of experience and a commitment to protecting your rights, we offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County in Illinois. Let us help you navigate the legal system and fight for your future.
