Assaulting or Killing a Federal Officer in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

What Section 111 Covers

Section 111 makes it a crime to forcibly assault, resist, oppose, impede, intimidate, or interfere with a person covered by § 1114 while that person is engaged in, or because of, official duties. It also covers forcibly assaulting or intimidating a former federal officer or employee because of his or her past duties.

Three penalty levels:

• Simple assault only: up to 1 year.
• Physical contact, or intent to commit another felony: up to 8 years.
• A deadly or dangerous weapon is used, or bodily injury is inflicted: up to 20 years.

Forcible Assault, Felony Level (Pattern Instr. O1.1)

What the Government must prove (Elements):

1. The defendant forcibly assaulted the person described in the indictment.
2. That person was a federal officer performing an official duty.
3. The defendant's acts resulted in physical contact with the person, or involved the intent to commit another felony.

A "forcible assault" is an intentional threat or attempt to cause serious bodily injury when the ability to do so is apparent and immediate.

With a Deadly Weapon or Bodily Injury (Pattern Instr. O1.2)

What the Government must prove (Elements): the same first two elements, plus that the defendant used a deadly or dangerous weapon or inflicted bodily injury. "Used" means the defendant possessed the weapon and intentionally displayed it during the assault. "Bodily injury" is any injury to the body, no matter how temporary.

Knowledge of the Officer's Status

Under both instructions, the Government does not have to prove the defendant knew the victim was a federal officer. But the instructions include an optional paragraph: a forcible assault cannot be found if the defendant acted only on a reasonable, good-faith belief that self-defense was needed against an assault by a private citizen, and the jury has a reasonable doubt that the defendant knew the victim was a federal officer.

Killing or Attempting to Kill a Federal Officer (§ 1114; Pattern Instr. O48)

Section 1114 covers killing or attempting to kill any officer or employee of the United States or any federal agency, including members of the uniformed services, while on duty or because of their duties, and anyone assisting them. Instruction O48 (listed on our Elements index) tells the court to use the ordinary murder, manslaughter, or attempted murder instruction, add a finding that the victim was a federal officer or employee, and drop the federal-territory element. Penalties follow the homicide laws in §§ 1111, 1112, and 1113, up to death or life for first-degree murder. See Federal Murder and Federal Manslaughter.

Defense Themes

• Was it a "forcible assault"? The instructions require an intentional threat or attempt to cause serious bodily injury, with an apparent and immediate ability to do so, or an intentional display of force that would make a reasonable person expect immediate, serious harm.
• Contact or felony intent. Without physical contact or intent to commit another felony, the case may be no more than a misdemeanor.
• Weapon and injury. Whether an object was a deadly weapon, and whether it was intentionally displayed, must be proven.
• Self-defense. Especially when agents were not clearly identified.
• Video. Body-cam and bystander video can tell a different story than the report.

What to Do First

1. Do not resist or argue at the scene, and do not give statements afterward without a lawyer.
2. Save video and witness names.
3. Non-citizens: call us before any plea. See Immigration Consequences.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

I didn't know he was a federal agent. Is that a defense?

Not by itself. But the instructions recognize good-faith self-defense against what the person reasonably believed was a private citizen, when there is reasonable doubt the person knew it was an officer.