Assault - Offenses Against the Person
§2A2.4 | GUIDELINES MANUAL | November 1, 2005 |
(1) If the conduct constituted aggravated assault, apply §2A2.2 (Aggravated Assault).
Commentary
Statutory Provisions: 18 U.S.C. §§ 111, 1501, 1502, 3056(d). For additional statutory provision(s), see Appendix A (Statutory Index).
Application Notes:
1. Definitions.—For purposes of this guideline, "bodily injury", "dangerous weapon", and "firearm" have the meaning given those terms in Application Note 1 of the Commentary to §1B1.1 (Application Instructions).
2. Application of Certain Chapter Three Adjustments.—The base offense level incorporates the fact that the victim was a governmental officer performing official duties. Therefore, do not apply §3A1.2 (Official Victim) unless, pursuant to subsection (c), the offense level is determined under §2A2.2 (Aggravated Assault). Conversely, the base offense level does not incorporate the possibility that the defendant may create a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement official (although an offense under 18 U.S.C. § 758 for fleeing or evading a law enforcement checkpoint at high speed will often, but not always, involve the creation of that risk). If the defendant creates that risk and no higher guideline adjustment is applicable for the conduct creating the risk, apply §3C1.2 (Reckless Endangerment During Flight).
3. Upward Departure Provision.—The base offense level does not assume any significant disruption of governmental functions. In situations involving such disruption, an upward departure may be warranted. See §5K2.7 (Disruption of Governmental Function).
Historical Note:: Effective October 15, 1988 (see Appendix C, amendment 64). Amended effective November 1, 1989 (see Appendix C, amendments 89 and 90); November 1, 1992 (see Appendix C, amendment 443); November 1, 1997 (see Appendix C, amendment 550); November 1, 2004 (see Appendix C, amendment 663); November 1, 2005 (see Appendix C, amendment 679).
– 52 –
Criminal Law Center Contents
-
Criminal Law Center
- Aggravating and Mitigating Factors in Criminal Sentencing Law
- Bail, Bonds, and Relevant Legal Concerns
- Restitution for Victims in Criminal Law
- Plea Bargains in Criminal Law Cases
- Receiving Immunity for Testimony in a Criminal Law Case
- Legal Classification of Criminal Offenses
- Common Criminal Defenses
- Criminal Procedure Law
- Types of Criminal Offenses
- Alcohol Crimes Under the Law
- Parole and Probation Law
- Expungement and Sealing of Criminal Records
- Offenses Included in Other Crimes Under the Law
- The Mental State Requirement in Criminal Law Cases
- Derivative Responsibility in Criminal Law Cases
- Working with a Criminal Lawyer
- Criminal Law FAQs
- Domestic Violence Restraining Orders Laws and Forms: 50-State Survey
- Abortion Laws: 50-State Survey
- Gun Laws: 50-State Survey
- Hate Crime Laws: 50-State Survey
- Death Penalty Laws: 50-State Survey
- Recording Phone Calls and Conversations Under the Law: 50-State Survey
- Criminal Law Topics
- Find a Criminal Law Lawyer
-
Related Areas