Is the punishment the same for someone who assaults a servicemember the same as someone who assaults a policemen?

WO1 Private RallyPoint Member — Fri, 28 Mar 2014 16:39:52 -0400

Response by SFC Michael Hasbun made Mar 28 at 2014 4:56 PM

SFC Michael Hasbun — Fri, 28 Mar 2014 16:56:48 -0400

No. Policemen are officers of the law, so the punishment is more severe. Servicemembers are just people, no special status. The punishment for assaulting a servicemember is the same for assaulting a garbageman. It's just assault.

Response by SFC Stephen P. made Mar 28 at 2014 5:18 PM

SFC Stephen P. — Fri, 28 Mar 2014 17:18:46 -0400

It depends. Police are local officials and any laws regarding them would be local or state. I consider it unlikely that any local laws would provide special protection for federal troops.

If the servicemember is performing official duties, 18 U.S. Code § 111 may apply. No such federal provisions should exist for state and local police.

Response by SSG(P) Private RallyPoint Member made Mar 28 at 2014 10:05 PM

SSG(P) Private RallyPoint Member — Fri, 28 Mar 2014 22:05:48 -0400

I know it doesn't fully answer the question, but the UCMJ provides for Military on Military assaults via Articles 90 and 91:

ARTICLE 90. ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.

Any person subject to this chapter who–

(1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his officer; or

(2) willfully disobeys a lawful command of his superior commissioned officer;

shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.

ARTICLE 91. INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER, NONCOMMISSIONED OFFICER, OR PETTY OFFICER

Any warrant officer or enlisted member who–

(1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;

(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or

(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of his office;

shall be punished as a court-martial may direct.