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When it comes to federal laws, the landscape can be intricate and difficult to navigate, especially if you find yourself potentially facing federal assault charges. One such statute that specifically addresses assaults under federal territory is 18 U.S.C. § 113. Here’s a breakdown of what this law means, the different types of assault it covers, and the potential penalties one could face.
What Is 18 U.S.C. § 113?
18 U.S.C. § 113 is a federal law that pertains to assault crimes committed within the special territorial and maritime jurisdiction of the United States. This means that this law applies to locations under federal control, such as military bases, ships under U.S. registry, or federal buildings. The law categorizes assault into various types, each with its own corresponding penalties.
Federal Crimes Of Assault And Corresponding Penalties
Assault With The Intent To Murder Or Specific Violations
Under this law, if you are found guilty of assault with the intent to commit murder or violate sections 2242 or 2241 (which refer to aggravated sexual abuse and sexual abuse), you could face a fine, imprisonment for up to 20 years, or both.
Assault With Intent To Commit A Felony
This type refers to assaults committed with the intention of carrying out any felony, except murder or violations of sections 2242 or 2241. The penalty includes a fine or imprisonment for up to ten years, or both.
Assault With A Dangerous Weapon
If you commit an assault with a dangerous weapon and intend to do bodily harm, you could be fined or imprisoned for up to ten years, or both.
Assault By Striking, Beating, Or Wounding
If you’re found guilty of this type of assault, you could be facing a fine, imprisonment for up to one year, or both.
Simple Assault
This is the least severe form under this law, and the penalties include a fine or imprisonment for up to six months, or both. However, if the alleged victim is under 16 years of age, you could be imprisoned for up to one year or fined, or both.
Assault Resulting In Serious Bodily Injury
If the assault results in serious bodily injury, the penalties could be a fine, imprisonment for up to ten years, or both.
Assault Causing Substantial Bodily Injury
If the alleged victim is a spouse, intimate partner, dating partner, or a child under 16, and the assault results in substantial bodily injury, you could face up to 5 years in prison, a fine, or both.
Assault By Strangling Or Suffocating
If you’re found guilty of strangling or suffocating your spouse, intimate partner, or dating partner, you could be fined or imprisoned for up to 10 years, or both.
Understanding Definitions: Serious Vs. Substantial Bodily Injury
The law also provides definitions for terms like “substantial bodily injury” and “serious bodily injury.” Substantial bodily injury involves temporary but substantial disfigurement or impairment, while serious bodily injury has a more serious threshold.
Defenses Under 18 U.S.C. § 113: Strategies For Navigating Federal Criminal Charges
Questioning Jurisdiction: Was It Really Federal Territory?
One of the most immediate defenses involves questioning whether the alleged assault truly occurred within the “special territorial and maritime jurisdiction of the United States,” as defined by the law. If it can be proven that the assault took place outside of these specific federal territories, the federal statute may not apply, potentially leading to the dismissal of federal charges.
Challenging The “Intent” Element
No Intent To Commit A Felony Or Murder
For several categories within 18 U.S.C. § 113, the aspect of “intent” is a crucial element. For instance, “Assault with the Intent to Commit a Murder or Specific Violations” or “Assault with Intent to Commit a Felony” require proof beyond a reasonable doubt that the defendant had the specific intent to commit a felony or murder. If this intent can’t be established, these particular charges may not hold.
Lack Of Intent For Bodily Harm
Similarly, in cases of “Assault with a Dangerous Weapon,” the prosecution must prove that the defendant intended to do bodily harm. If you can demonstrate a lack of intent to harm, perhaps by showing the weapon was brandished in self-defense or as a deterrent, this could also be a viable defense.
Evaluating The Severity Of Bodily Injury
The statute differentiates between “serious bodily injury” and “substantial bodily injury,” with varying penalties for each. A possible defense could involve challenging the prosecution’s assessment of the injury’s severity. Medical records, expert testimony, and other evidence can be used to argue that the injury was less severe than claimed, potentially reducing the charges or penalties.
Self-Defense Or Defense Of Others
A commonly employed defense strategy in assault cases is to claim self-defense or the defense of others. If you can prove that you acted out of a reasonable fear for your safety or the safety of someone else, you may be able to counter the charges effectively. However, it’s important to note that claiming self-defense usually admits to the act but contests the criminal intent behind it.
Mistaken Identity Or False Accusation
Mistaken identity or wrongful accusation is another avenue for defense. Due to the serious nature of federal assault charges, it’s not uncommon for emotions and accusations to run high. Providing a credible alibi, eyewitness accounts, or other forms of evidence that establish your innocence can result in the charges being dropped.
Consent
While this is a rare and risky defense, there may be situations where consent can be argued. If both parties voluntarily engaged in a physical altercation, such as a sparring match, and understood the risks involved, you may attempt to use this as a defense. However, consent is generally not a valid defense for severe or aggravated forms of assault under this statute.
Frequently Asked Questions About 18 U.S.C. § 113: Federal Crime Of Assault
What Is 18 U.S.C. § 113?
18 U.S.C. § 113 is a federal law that deals with different types of assaults committed within the special territorial and maritime jurisdiction of the United States. This can include federal territories like military bases, federal buildings, and ships registered under the United States. Offenses of this nature are typically brought by the federal government in federal court
What Are The Types Of Assaults Defined By This Statute?
This federal law categorizes assaults into various types, such as assault with the intent to commit a murder, assault with a dangerous weapon, and simple assault. Each category has its own penalties, which can range from fines to imprisonment, depending on the severity of the assault and other factors like the alleged victim’s age.
What Does “Special Maritime And Territorial Jurisdiction” Mean?
The term refers to areas that are under federal control. This includes military bases, federal lands, ships flying the U.S. flag, and even some foreign embassies and consulates. If an alleged assault happens in one of these areas, the federal statute can apply.
Can I Face Both State And Federal Charges For Assault?
Yes, it’s possible to face both state and federal charges for the same incident. This is often called “dual sovereignty.” However, how often this happens can depend on various factors, including the severity of the assault and the jurisdictions involved.
What Is “Intent To Commit A Felony”?
This refers to an assault where the accused had the aim or purpose of committing a felony crime, other than murder or specific sexual offenses. The prosecution must prove this intent for the charges to hold under certain categories of 18 U.S.C. § 113.
What Is The Difference Between “Substantial” And “Serious” Bodily Injury?
“Substantial bodily injury” involves temporary but considerable disfigurement or impairment. “Serious bodily injury” is more severe, generally involving life-threatening harm or permanent disfigurement.
What Are Possible Defenses Under 18 U.S.C. § 113?
Defenses can range from questioning the federal jurisdiction to challenging the intent behind the assault. Self-defense is also a common defense, as is mistaken identity. The most effective defense will depend on the specifics of your case.
What Should I Do If I’m Charged Under This Statute?
The first step is to consult with a criminal defense attorney who focuses in federal law. The stakes are high, and you will need guidance to navigate the legal process effectively.
Related Federal Offenses To 18 U.S.C. § 113
While 18 U.S.C. § 113 specifically deals with various types of assault occurring within federal jurisdictions, it is by no means the only federal law concerning violent conduct. Understanding related federal offenses can offer a broader perspective on how the federal criminal justice system addresses such matters.
18 U.S.C. § 114 – Maiming Within Territorial And Maritime Jurisdiction
This statute makes it a crime to forcibly disable or disfigure another person within federal jurisdictions, similar to the jurisdictions covered under § 113. It comes with heavy penalties, including up to 20 years imprisonment, depending on the severity of the maiming.
18 U.S.C. § 115 – Impeding, Influencing, Or Retaliating Against Federal Officials
If someone uses force or threats to intimidate or retaliate against a federal official, or a member of the official’s immediate family, in relation to the performance of official duties, it is considered a federal offense under this statute. Penalties include imprisonment and fines.
18 U.S.C. § 2241 – Aggravated Sexual Abuse
This federal law criminalizes the act of crossing state lines with the intent to engage in a sexual act with another person against their will. The penalties are severe and can include life imprisonment.
Looking For Trusted Federal Criminal Defense Attorneys? Your Search Ends Here.
If you find yourself potentially facing federal assault charges under 18 U.S.C. § 113, it’s imperative to consult with a federal assault attorney experienced in federal law. Given the complexities and severe penalties involved, an attorney can provide valuable insights into the most effective defenses based on the specifics of your case. Knowledge is power, especially when it comes to legal battles, so make sure you are fully equipped to navigate the federal legal landscape.
Searching for the right federal criminal defense lawyer for your case can be a daunting process. Look no further. The lawyers at The Law Offices of Jonathan F. Marshall have the experience and the proven track record in federal defense you need. Don’t hesitate if you are under investigation or have been arrested and charged with a federal crime. Call us at (877) 322-2865 or contact us online for a confidential consultation.
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