Is there a defense of self to the charge of assaulting a federal agent?

MultiRegion, United States of America

The following excerpt is from Harris v. Roderick, 126 F.3d 1189 (9th Cir. 1997):

Furthermore, as with traditional types of assault, defense of self is a defense to the charge. This court has recognized "a defense to assaulting a federal agent based on the defendant's honest mistake of fact or lack of knowledge that the victim is a law enforcement officer. This defense consists of (1) a mistake or lack of knowledge as to authority, (2) a reasonable belief that force was necessary to defend against an immediate use of unlawful force, and (3) the use of no more force than appeared reasonably necessary." United States v. Morton, 999 F.2d 435, 437-38 (9th Cir.1993) (citations and footnote omitted). Furthermore the component requiring mistake or lack of knowledge does not relate necessarily to whether the accused knew the officer was a federal agent, "but with whether the defendant recognized that the agent was authorized to act in the manner which allegedly provoked the purported self-defense."

Page 1205

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