2005 Federal Sentencing Guidelines
Chapter 2 - PART A - OFFENSES AGAINST THE
PERSON
§2A2.3. Minor Assault
(a) Base Offense Level:
(1) 7, if the offense involved physical
contact, or if a dangerous weapon (including a firearm) was possessed and
its use was threatened; or
(2) 4, otherwise.
(b) Specific Offense Characteristic
(1) If (A) the victim sustained bodily injury, increase by 2 levels;
or (B) the offense resulted in substantial bodily injury to an individual
under the age of sixteen years, increase by 4 levels.
(c) Cross Reference
(1) If the conduct constituted aggravated assault, apply §2A2.2 (Aggravated
Assault).
Commentary
Statutory Provisions:
18 U.S.C. §§ 112, 115(a), 115(b)(1), 351(e), 1751(e). 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).
"Minor assault" means a misdemeanor assault, or a felonious assault not
covered by §2A2.2 (Aggravated Assault).
"Substantial bodily injury" means "bodily injury which involves (A) a
temporary but substantial disfigurement; or (B) a temporary but substantial
loss or impairment of the function of any bodily member, organ, or mental
faculty." See 18 U.S.C. § 113(b)(1).
2. Application of Subsection
(b)(1).—Conduct that forms the basis for application of subsection
(a)(1) also may form the basis for application of the enhancement in subsection
(b)(1)(A) or (B).
Background: Minor assault
and battery are covered in this section.
Historical Note: Effective
November 1, 1987. Amended effective October 15, 1988 (see Appendix
C, amendment 64); November 1, 1989 (see Appendix
C, amendments 87 and 88); November 1, 1995 (see Appendix
C, amendment 510); November 1, 2004 (see Appendix
C, amendment 663).
