Fact Check: "Threatening and/or assaulting the holder of any federal office is a felony and could draw you five to ten in the pokey."
What We Know
The claim that threatening or assaulting a federal officer is a felony is supported by federal law. Specifically, 18 U.S. Code § 111 outlines the penalties for assaulting, resisting, or impeding certain federal officers. Under this statute, serious assault without a weapon can lead to imprisonment for up to 8 years, while assault involving a deadly weapon can result in a sentence of up to 20 years (source-2).
Additionally, 18 U.S. Code § 115 states that threats made against federal officials can also lead to imprisonment for up to 10 years (source-1). This indicates that while the claim about the potential prison time is somewhat accurate, it does not fully capture the range of penalties that can apply depending on the circumstances of the offense.
Analysis
The claim accurately reflects the serious nature of threats and assaults against federal officials, which are indeed felonies. However, the statement that such actions could "draw you five to ten in the pokey" simplifies the legal nuances involved.
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Assault Penalties: The maximum penalty for serious assault without a weapon is 8 years (source-5), while using a weapon can lead to 20 years (source-6). This means that the claim's reference to "five to ten" does not accurately represent the full scope of potential penalties.
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Threatening Federal Officials: The law also specifies that threats against federal employees can result in up to 10 years in prison (source-7), which aligns with part of the claim. However, the penalties can vary significantly based on the nature of the threat or assault.
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Source Reliability: The sources cited include official legal texts and reputable legal analyses, which are generally reliable. The U.S. Code is the definitive legal source, while legal blogs and articles provide context and interpretation of the law, though they may vary in their level of expertise and bias.
Conclusion
The claim that "threatening and/or assaulting the holder of any federal office is a felony and could draw you five to ten in the pokey" is Partially True. While it correctly identifies the felony nature of the offense and the potential for significant prison time, it inaccurately simplifies the range of penalties, particularly regarding the maximum sentences for different types of assaults and threats.
Sources
- 18 USC 115: Influencing, impeding, or retaliating against a federal official
- 18 U.S. Code § 111 - Assaulting, resisting, or impeding certain officers or employees
- Overview of Federal Criminal Laws Prohibiting Threats and Assaults
- Assault and threat to federal agents among 331 cases filed
- Assault on a Federal Officer | 18 U.S. Code § 111
- Defending Against Assault on Federal Officers (18 U.S.C. § 111)
- Federal Assault Charge | Assault Crime
- Influencing, Impeding, or Retaliating Against a Federal Official