Reply to Jury refuses to indict Sandwich Man and other Trump cop misadventures

Forum Index » Metropolitan DC Local Politics

Reply to "Jury refuses to indict Sandwich Man and other Trump cop misadventures"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous]There is a federal statute that fits this situation. The law is 18 U.S.C. § 111, which makes it a crime to forcibly assault, resist, oppose, impede, intimidate, or interfere with a federal officer who is carrying out official duties.

The statute does not require the object to be dangerous. For a basic misdemeanor charge under section 111(a), the requirement is intentional conduct that creates forcible assault or interference. Courts have found that throwing ordinary items such as food or drinks can count as assault when the act is deliberate and directed at a federal officer.

The nature of the object matters only when determining whether the conduct rises to a felony under section 111(b). That part of the statute applies when a dangerous weapon is used or when bodily injury occurs. A soft sandwich does not meet that standard.

In practical terms:

Intentional contact with the sandwich can lead to a misdemeanor assault charge under 18 U.S.C. § 111(a).

A soft item is not a dangerous weapon, so the felony portion of the statute does not apply unless something else escalates the situation.

The deciding factor is the intent to throw it at a federal officer performing official duties, not the hardness of the sandwich.

Even something that seems harmless can still fit the legal definition of assault if it is thrown on purpose at a federal officer.[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics