Assault on Law Enforcement

Assault and Battery of Law Enforcement: State and Federal Charges

Assault on law enforcement officers is treated with great seriousness under both Georgia and federal law. Offenses against local police officers or a federal agents (i.e., ICE, FBI, ATF, or other federal agencies) are aggressively prosecuted. Convictions carry severe penalties with life-changing outcomes.

This article explores the definitions, types of assault (including physical assault, throwing objects, and use of weapons). This article also covers potential consequences for being convicted of such crimes in Georgia and under federal law.

Assaulting Law Enforcement Officers in GA

State Charges and Penalties

Definition and Elements

Georgia law makes it a specific offense to assault or batter any law enforcement officer. Definitions for assault and battery in Georgia are:

Simple Assault O.C.G.A. § 16520 Attempting to commit a violent injury to another, or committing an act that places another in reasonable apprehension of immediately receiving a violent injury.

Simple Battery O.C.G.A. § 16523 Intentionally making physical contact of an insulting or provoking nature, or causing physical harm to another. When committed against law enforcement, these otherwise misdemeanor charges are elevated in severity.

Physical Assault

Simple assault against a law enforcement officer is typically classified as a high and aggravated misdemeanor in Georgia, punishable by up to 12 months in jail and substantial fines.

Simple battery of a law enforcement officer, in most cases, is also a high and aggravated misdemeanor. If the contact results in substantial harm or visible bodily injury, the charge may be treated more severely.

Throwing Objects

Throwing objects at a police officer while they are performing their duties is considered an act of violence or attempted violence. Even if the object thrown does not make contact, such behavior can be prosecuted as aggravated assault. A governing fact is whether or not the act is perceived with the intent to cause injury.

Use of Weapons

Aggravated Assault O.C.G.A. § 16521, defined as assault with a deadly weapon or any object/device/substance which, when used offensively, can result in serious bodily injury. Any instance of aggravated assault on a law enforcement officer is a felony in Georgia, subject to a mandatory minimum prison sentence of three-twenty years, which cannot be suspended or probated for the first three years.

Penalties if Convicted (Georgia)

• Simple assault or battery (against non-officer): Up to 12 months in jail (misdemeanor).
• Simple assault or battery (against law enforcement officer): High and aggravated misdemeanor, up to 12 months jail, higher fines.
• Aggravated assault on law enforcement: Felony, 3-20 years in prison, mandatory (minimum sentence of 3 years).

Assaulting Federal Law Enforcement Officers

Federal Charges and Penalties

The general federal law addressing assault on federal officers is 18 U.S.C. § 111. This statute covers any federal agent, including those in agencies such as ATF, ICE, FBI, DEA, DHS, and others.

• Federal agents ATF, ICE, DEA, DHS, FBI
• U.S. Marshals, Secret Service, Capitol Police,
• Border Patrol Agents (USBP)
• Judges and staff engaged in official duties

Throwing Objects

Throwing objects at a federal officer may constitute simple assault (if no contact or injury occurs). Situations involving allegedly throwing objects may be elevated to felony charges if deemed to be the use of a dangerous weapon, or if such action causes bodily injury.

Physical Assault

Any form of touching or bodily harm inflicted on a federal officer escalates the charge to a felony with up to eight years in federal prison.

Use of Weapons

If a weapon or any object is used in a manner capable of causing serious injury—or if actual injury results—the penalty increases sharply. For instance, assault with a deadly weapon or causing bodily injury can result in up to twenty years imprisonment.

Specific Federal Agencies

Under federal law, assaults against agents of the FBI, ATF, ICE, and similar federal agencies fall under 18 U.S.C. § 111. There are no unique, agency-by-agency statutes—they are each covered by this umbrella provision.

Aggravating Factors: Using a weapon, causing serious bodily injury, intent to kill or seriously harm, and planning attacks will all increase punishment. Multiple counts of assault (e.g., attacking several officers) can result in consecutive sentences and higher overall penalties.

Mitigating Factors: Lack of injury, lack of weapon, and lack of criminal intent can mitigate punishment, as can acceptance of responsibility or cooperation with authorities.

Special Considerations

Official Duty Requirement: For federal charges under 18 U.S.C. § 111, the officer must be engaged in or assaulted because of their official duties at the time of the offense. However, some state statutes may apply regardless of whether the officer was on or off duty if the assault was motivated by the officerʼs law enforcement status.

Broader Federal Coverage: Assaulting federal officers on federal property, such as federal buildings or courthouses, may lead to concurrent federal and state charges, as federal law often supersedes state criminal statutes in such cases.

Attempted Assault and Threats: Even threats to assault a law enforcement officer can result in criminal charges. For example, threatening a federal officer can bring misdemeanor charges resulting in up to one year in federal prison.

Anyone accused of assaulting a Georgia law enforcement officer in Georgia, or a federal law enforcement officer, is in a very tough situation. Courts take such charges very seriously and apply an aggressive manner when prosecuting these cases.

Potential Defense Strategies

• Lack of Intent: The prosecution has the burden of proving intent. The prosecution needs strong evidence that the accused made deliberate, intentional efforts to harm, injure, or otherwise physically engage the officer.
• Matters of Mistakes: Asserting an inability to know the victim was a law enforcement officer can help your case. While you may still be prosecuted for assault, the potential fallout is far less serious.

Consequences of Conviction

A conviction for assaulting a law enforcement officer, especially with a weapon or causing injury, can result in:

• Lengthy prison sentences (from 1 year to 20 years).
• Heavy fines (up to $250,000 under federal law).
• Permanent criminal record with violent felony convictions impacting civil rights, gun ownership, and employment prospects.
• Mandatory minimum sentences with limited eligibility for parole or sentence reduction (especially in aggravated cases).

Summary and Key Takeaways

Whether prosecuted in Georgia or federal court, assaulting a law enforcement officer exposes an accused individual to serious criminal charges and severe penalties. Both Georgia and Federal law have serious potential penalties to deter attacks against justice system officials and law enforcement officers.

Anyone charged with assaulting law enforcement needs to quickly contact an experienced criminal defense lawyer. Failing to act quickly gives the prosecution a critical time advantage in building a case against you. Call us today at 678-880-9360 to discuss your situation.

Credits & Footnotes

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