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Most people think of assault as a local matter… something handled by city police, local prosecutors, and state courts. But under federal law, certain types of assault are prosecuted by the U.S. Department of Justice, investigated by federal agencies, and tried in U.S. District Courts. The most common scenario? An alleged assault on a federal officer or employee, charged under 18 U.S.C. § 111.
Whether it involves a TSA agent, postal worker, federal law enforcement agent, or any employee acting under the authority of the United States government, these charges are taken seriously. The penalties can include up to 20 years in federal prison, depending on the severity of the alleged conduct and whether a weapon was used.
At Perlman Defense Federal Criminal Lawyers, we defend individuals charged with federal violent offenses, including assault on a federal officer, obstruction of justice, and other crimes of resistance or interference. This guide will explain what makes an assault a federal case, break down the key provisions of 18 U.S.C. § 111, and show you how we build strategic defenses to protect your freedom and future.
18 U.S.C. § 111 is the federal statute that criminalizes acts of assault, resistance, opposition, impeding, intimidation, or interference against:
“Any person designated in section 1114 of this title while engaged in or on account of the performance of official duties.”
The law is broad—and intentionally so. It is designed to protect federal officials, agents, and employees in the performance of their duties and to discourage interference with federal operations.
Section 111 covers a wide range of federal personnel. This includes, but is not limited to:
A complete list of covered positions is found in 18 U.S.C. § 1114, which provides legal protection to federal employees and individuals assisting them in official duties.
Federal assault charges can stem from a wide range of conduct. Unlike state laws, which may require significant physical contact or injury, 18 U.S.C. § 111 criminalizes both actual physical violence and non-physical acts like threats or intimidation—if they interfere with a federal officer's duties.
Examples of conduct that can result in charges include:
The law also covers “simple assault” (threatening behavior without physical contact) and “aggravated assault” (involving injury, use of a weapon, or intent to commit a serious offense).
Not all federal assault charges are created equal. The seriousness of the charge—and potential sentence—depends on the circumstances:
Simple Assault (Misdemeanor):
Felony Assault (Aggravated):
Note: Even if the officer was not injured, the use of a weapon or act of physical force can elevate the charge to a felony.
A critical element in any § 111 case is whether the federal officer was engaged in official duties at the time of the incident. The courts broadly interpret this term to include any action that falls within the scope of the officer’s job, even if the defendant did not know the person was a federal employee.
For example:
Even if the federal employee is off-duty, assaulting them because of their federal role may still trigger § 111 charges (“on account of performance of official duties”).
Assaults against federal officers are investigated by:
Prosecution is handled by the U.S. Attorney’s Office in the applicable federal district. Defendants are prosecuted in U.S. District Court, where the rules of procedure, evidence, and sentencing differ significantly from state court.
Conviction under 18 U.S.C. § 111 can result in:
The U.S. Sentencing Guidelines also apply in federal cases and may recommend enhanced sentencing based on:
At Perlman Defense Federal Criminal Lawyers, we know that not every confrontation with a federal officer should result in felony prosecution. We work aggressively to challenge the government’s narrative and protect our clients from overreach. Common defenses include:
1. Lack of Intent
We argue that our client did not intentionally interfere with or assault the officer. Many cases involve misunderstandings, mental health episodes, or poor communication, not criminal intent.
2. Self-Defense
We assert that the federal officer used excessive force or that the defendant believed they were acting in self-defense.
3. Not Acting Under Official Duty
If the officer was acting outside the scope of their job—or the defendant reasonably did not know they were a federal officer—we raise this as a factual and legal defense.
4. No Threat or Physical Force Occurred
In simple assault cases, we challenge the evidence that the defendant made a real threat or took action to impede the officer.
5. Suppression of Unlawfully Obtained Evidence
We examine whether federal agents violated constitutional rights during searches, seizures, or arrest, and move to exclude tainted evidence.
6. Negotiation for Lesser Charges
Where appropriate, we negotiate to reduce the charge to a misdemeanor or secure a non-custodial sentence through early intervention.
If you’ve been contacted by federal agents, received a target letter, or been arrested for assaulting a federal officer:
Your conduct in the early stages of the investigation can significantly impact your case and your future.
Facing a charge of assaulting a federal officer is not something you can handle on your own. You need a legal team that understands how federal prosecutors operate, how § 111 cases are built, and how to challenge vague or exaggerated accusations. At Perlman Defense Federal Criminal Lawyers, we’re committed to protecting your rights, your record, and your freedom.
Call us today at (866)839-4497 schedule a confidential consultation.
Daniel R. Perlman, the founding attorney at Perlman Defense Federal Criminal Lawyers, leverages his extensive background as a former prosecutor to provide superior defense strategies for clients across federal courtrooms. Earning his Juris Doctor from the Catholic University of America's Columbus School of Law, he first honed his legal skills with the Maryland State’s Attorney’s Office.
This diverse experience enables him to advocate effectively, understanding prosecution tactics intimately, which he expertly counters in defense of his clients. With a profound commitment to justice, Daniel leads his team in tackling complex federal cases, from white-collar crimes to violent offenses, ensuring the highest level of defense through every phase of the criminal process.
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