The U.S. Justice Department has encountered significant difficulty in securing felony convictions against individuals arrested on charges of assaulting federal authorities, according to an analysis of 102 protesters detained in four major cities over the past year. The department's trial record in these cases is notably below the typical success rate for federal assault prosecutions.
Of the cases that proceeded to trial, primarily in Los Angeles, a pattern of acquittals, mistrials, or dismissals emerged. This trend has led to scrutiny of the investigations and charging decisions made by prosecutors, who were reportedly under pressure to demonstrate a crackdown on assaults against law enforcement during the Trump administration. Legal experts suggest that the government's failure to win felony assault convictions at trial calls into question whether the charges should have been brought initially.
The analysis, focusing on arrests made during protests last summer and fall in Los Angeles, Chicago, Portland, Oregon, and Washington, D.C., revealed that most arrests for felony assault on a federal officer, which can carry up to a 20-year sentence, resulted in dismissals or were pleaded down to misdemeanors. Only a small fraction of those arrested pleaded guilty to felony assault or received prison time for it.
The Justice Department stated that federal prosecutors are justified in prioritizing cases involving alleged assaults on federal officers and that each case is evaluated on its facts. The department also noted that prosecutors are expected to act appropriately and may downgrade or drop charges if mitigating factors are identified.
Legal experts note that it is uncommon for federal prosecutors to lose at trial. Data from the Administrative Office of the U.S. Courts indicates that in 2024, approximately 82% of defendants charged with assault, whether felony or misdemeanor, were convicted through trial or plea agreements. The analysis found that less than half of the protesters charged with assault in the examined cases were convicted.
Specific cases highlight the challenges. In Portland, a jury could not reach a verdict on felony assault charges for a protester accused of striking an officer with her foot after being pepper-sprayed. Prosecutors later filed a reduced misdemeanor charge, to which she pleaded guilty and received time served. In another instance, a defendant accused of throwing a tear gas canister back at officers was acquitted of assault on a federal officer after a trial where video evidence suggested the canister landed far from the officers. This individual had turned down a misdemeanor plea deal, stating he was trying to move the canister away from the crowd.
In a case near Chicago, charges of felony conspiracy to impede a government vehicle were eventually dropped after defense attorneys requested transcripts of grand jury proceedings. The judge later admonished prosecutors for improper behavior before the grand jury. The charges were dismissed days before trial, and the defendants proceeded on misdemeanor counts.
While plea deals are common in federal cases, legal experts suggest that a high rate of felony assault charges being pleaded down could indicate overcharging. The U.S. Attorney’s office in Los Angeles indicated that prosecutions were initiated in response to violence against law enforcement, adding that charges were voluntarily dismissed for some defendants after further review. In Chicago, the majority of felony assault cases were dismissed.
Some individuals involved in protest-related incidents have received significant prison sentences for other offenses, including arson and impeding law enforcement. A man accused of throwing a Molotov cocktail at a hotel housing federal authorities received a five-year prison sentence, and others were sentenced to multiple years for actions involving a burning vehicle and a protest outside a detention center where an officer was shot.