Attacks on U.S. Servicemembers on Account of Service – 18 U.S.C. § 1389 Federal Charges
Federal Criminal Defense for Charges Under 18 U.S.C. § 1389
Being charged under 18 U.S.C. § 1389 means you are facing a serious federal prosecution.
This statute makes it a federal crime to assault, batter, or damage the property of a United States servicemember or their immediate family member because of their military service.
Unlike ordinary assault or vandalism cases prosecuted in state court, charges under this law are handled in federal court, where penalties are significantly harsher and prosecutors aggressively pursue convictions.
Eisner Gorin LLP defends individuals accused of complex federal crimes in the United States District Courts. If you are under investigation or have been charged under 18 U.S.C. § 1389, early intervention is critical.
Call (818) 781-1570 to speak with a federal criminal defense attorney, or use the contact form.
What Is 18 U.S.C. § 1389?
18 U.S.C. § 1389 is a federal statute that criminalizes attacks on current or former members of the United States Armed Forces when the attack is motivated by the victim's military service.
The law applies to:
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Assault or battery
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Property damage
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Attempts
The key element that makes this a federal crime is motive — the act must be committed “on account of” the victim's service in the military.
Who Is Protected Under This Law?
The statute protects:
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Active-duty members of the U.S. Armed Forces
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Former servicemembers for five years after discharge
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Immediate family members, including:
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Spouse
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Parent
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Brother or sister
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Child
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A person standing in loco parentis
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This extended protection is designed to prevent retaliation, harassment, or ideologically motivated violence targeting military families.
What Does “On Account Of” Military Service Mean?
This is the most important legal element in a § 1389 case.
Federal prosecutors must prove beyond a reasonable doubt that:
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The defendant acted because of the victim's military status, and
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The military service was the reason for the assault or property damage.
If the incident arose from a personal dispute unrelated to military service — such as a neighborhood disagreement, traffic altercation, or domestic conflict — the federal statute may not apply.
This intent requirement is often the strongest area for defense.
What Must the Government Prove to Convict Under 18 U.S.C. § 1389?
To secure a conviction, prosecutors must prove:
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Status of the victim
The victim was a qualifying servicemember or family member. -
Prohibited conduct
The defendant knowingly committed assault, battery, or property damage, or attempted or conspired to do so. -
Specific motive
The act was committed because of the victim's military service. -
Degree of harm
The extent of bodily injury or the dollar amount of property damage affects sentencing exposure.
Failure to prove any one of these elements can result in dismissal or acquittal.
Does This Law Apply to Active-Duty Military Personnel?
No.
The statute does not apply to individuals subject to the Uniform Code of Military Justice (UCMJ). Active-duty servicemembers are generally prosecuted in court-martial proceedings rather than in federal civilian courts.
What Are the Penalties for Violating 18 U.S.C. § 1389?
Penalties are tiered based on the severity of the conduct.
Simple Assault or Property Damage of $500 or Less
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Fine between $500 and $10,000
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Up to 2 years in federal prison
Property Damage Over $500
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Fine between $1,000 and $100,000
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Up to 5 years in federal prison
Assault or Battery Resulting in Bodily Injury
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Mandatory minimum of 6 months
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Up to 10 years in federal prison
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Minimum fine of $2,500
Federal sentencing guidelines may increase exposure depending on prior history, injury severity, or aggravating circumstances.
How Is This Different From State Assault Charges?
Most assaults are prosecuted under state law. However, when the motive involves hostility toward military service, the federal government can assert jurisdiction.
A § 1389 prosecution:
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Occurs in federal court
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Is investigated by federal agencies
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Carries a higher sentencing exposure
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May involve federal sentencing guidelines
Federal cases move quickly and require an immediate defense strategy.
How Do Federal Defense Attorneys Fight 18 U.S.C. § 1389 Charges?
An experienced federal defense team may pursue several strategies:
Challenging Motive
If the altercation arose from a personal dispute rather than military animus, the federal charge may fail.
Contesting the Facts
Defense counsel may:
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Challenge eyewitness testimony
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Dispute injury severity
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Contest property valuation
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Raise self-defense issues
Constitutional Violations
Federal agents must follow strict procedures. Defense attorneys examine:
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Illegal searches
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Improper interrogations
Evidence obtained unlawfully can be suppressed.
Negotiation and Charge Reduction
In some cases, federal counsel can negotiate:
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Reduction to a lower-tier offense
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Transfer to state court
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Dismissal due to weak intent evidence
Early representation significantly improves outcomes.
Hypothetical Example of a § 1389 Defense
Imagine a civilian and a recently discharged veteran are involved in a long-running property dispute.
After a heated argument, minor property damage occurs. Prosecutors allege the act was motivated by hostility toward the veteran's service.
If evidence shows the dispute predated knowledge of military status, the “on account of” element may fail. Without proof of motive tied to service, the federal charge may be dismissed.
Why Early Legal Intervention Is Critical
Federal investigations often begin before arrest. If you suspect you are under investigation:
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Do not speak to investigators without counsel
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Do not attempt to explain your version alone
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Retain experienced federal defense representation immediately
Early action can prevent the filing of charges.
Frequently Asked Questions About 18 U.S.C. § 1389
Is it a federal crime to assault a servicemember?
Yes — if the assault was committed because of the victim's military service.
Can I be charged even if no one was injured?
Yes. Simple assault or minor property damage can still result in federal charges.
What if I did not know the person was in the military?
Lack of knowledge can defeat the motive element. The government must prove you acted because of their service.
Does this law apply to veterans?
Yes. Former servicemembers are protected for five years following discharge.
Speak With a Federal Criminal Defense Attorney
Charges under 18 U.S.C. § 1389 carry serious federal penalties, including mandatory jail time in certain cases.
However, federal prosecutors must prove specific intent tied to military service. These cases often hinge on motive.
If you are facing federal charges or believe you are under investigation, contact Eisner Gorin LLP immediately at (818) 781-1570 for a confidential consultation. Federal charges require a federal defense strategy.
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