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 a spouse, intimate partner, or dating partner, or 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, 113(a)(4), (5), (7), 115(a), 115(b)(1), 351(e), 1751(e), 2199, 2291. 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). “Spouse,” “intimate partner,” and “dating partner” have the meaning given those terms in 18 U.S.C. § 2266. “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: This section applies to misdemeanor assault and battery and to any felonious assault not covered by §2A2.2 (Aggravated Assault). Historical Note Effective November 1, 1987. Amended effective October 15, 1988 (amendment 64); November 1, 1989 (amendments 87 and 88); November 1, 1995 (amendment 510); November 1, 2004 (amendment 663); November 1, 2007 (amendment 699); November 1, 2014 (amendment 781).