To: Tenchusatsu who wrote (1553331 ) 8/19/2025 1:06:08 PM From: Bill 2 RecommendationsRecommended By
Read Replies (1) | Respond to So, as usual you are 100% wrong on the law. (And I am right -- when debating you on legal issues -- as usual.) does not explicitly distinguish between using a fist and using a softer object like a submarine sandwich . Instead, the statute categorizes offenses and penalties based on the nature of the assault, focusing on factors such as whether there is physical contact, use of a deadly or dangerous weapon, or infliction of bodily injury. Neither a fist (as a body part) nor a submarine sandwich (as a soft, non-rigid object) is typically classified as a "deadly or dangerous weapon" under this statute, based on case law and recent applications. Simple assault (no physical contact): Up to 1 year in prison and/or a fine. This applies to threats or intimidation without touching the officer.Assault involving physical contact (or intent to commit another felony): Up to 8 years in prison and/or a fine. This covers forcible acts like punching with a fist or throwing/hitting with a soft object, as long as no deadly/dangerous weapon is used and no bodily injury is inflicted.Enhanced penalty (use of a deadly/dangerous weapon or infliction of bodily injury): Up to 20 years in prison and/or a fine. A "deadly or dangerous weapon" is defined as an object capable of causing death or serious bodily injury (or used in a manner likely to do so), but this generally excludes body parts and soft, non-lethal items. Application to a Fist A fist is a body part, not an external object or "weapon" for purposes of the enhanced penalty under subsection (b). Courts have consistently held that unarmed assaults (e.g., punching, kicking, or biting) do not qualify for the "deadly or dangerous weapon" enhancement unless they result in bodily injury. Examples from case law: In United States v. Smith (520 F.3d 1097, 9th Cir. 2008), teeth used to bite an officer were not considered a dangerous weapon. In United States v. Sanchez (914 F.2d 1355, 9th Cir. 1990), kicking with a shod foot was not deemed a dangerous weapon. If a punch with a fist causes bodily injury (e.g., bruising, cuts, or worse), the enhanced penalty could apply, but the fist itself is not the "weapon" triggering it. Result: Assault with a fist typically falls under the mid-tier penalty (up to 8 years) if it involves physical contact but no injury. Application to a Submarine Sandwich (or Similar Soft Object) A submarine sandwich is a soft, edible object unlikely to be capable of causing death or serious injury, so it is not considered a deadly or dangerous weapon. Courts evaluate objects based on their inherent properties and manner of use (e.g., a thrown soft item might cause minor discomfort but not qualify for enhancement). Recent case example: In August 2025, Sean Charles Dunn was charged under 18 U.S.C. § 111 for throwing a submarine-style sandwich at a U.S. Customs and Border Protection officer in Washington, D.C. He faced the mid-tier felony charge (up to 8 years) for assault involving physical contact, without the enhanced penalty for a weapon or injury. The sandwich made contact but did not inflict bodily injury or qualify as a weapon. Analogous cases: Objects like a plastic water pitcher (United States v. Tolbert , No. 10-6467, 6th Cir. 2012) have been deemed dangerous weapons when used forcefully, but softer items (e.g., food) generally are not unless wielded in an unusually harmful way. Result: Assault with a submarine sandwich would similarly fall under the mid-tier penalty (up to 8 years) if it involves physical contact but no injury, just like a fist.
