The U.S. Justice Department’s effort to prosecute protesters accused of assaulting federal officers has suffered significant setbacks, with juries and judges questioning the strength of several cases. An examination of 102 felony assault cases arising from protests in Los Angeles, Portland, Chicago and Washington, D.C., found that none resulted in a felony conviction at trial.
The findings highlight concerns over the government’s approach to protest-related arrests and whether some defendants faced charges more serious than the evidence could support. The cases emerged as the Trump administration pushed for tougher consequences against people accused of confronting federal law enforcement.
Federal Assault Prosecutions Fall Short of Expectations
The review examined 167 arrests connected to protests held last summer and fall in four major U.S. cities. Of those arrests, 102 involved allegations of felony assault against federal officers, an offense that can carry a prison sentence of up to 20 years.
The outcomes showed a mixed record for federal prosecutors:
- About 41% of the felony assault cases were dismissed.
- Roughly 34% were reduced to misdemeanor charges through plea agreements.
- Ten defendants pleaded guilty to felony assault.
- Nine people received prison sentences.
- All 12 cases that reached trial ended in acquittal, mistrial or dismissal.
The results stand in contrast to the Justice Department’s usual performance in federal assault cases. According to data from the Administrative Office of the U.S. Courts, 82% of defendants charged with felony or misdemeanor assault in 2024 were convicted either at trial or through a plea agreement.
Legal experts say the lack of felony convictions at trial is particularly notable because federal prosecutors generally have substantial resources and discretion over which cases they pursue.
Mary Fan, a former federal prosecutor and law professor at the University of Washington, said the outcome raises questions about whether some of the charges should have been filed in the first place.
Courtroom Challenges Raise Questions About Charging Decisions
Several cases illustrate the difficulties prosecutors encountered while trying to secure convictions against protesters.
In Portland, Oriana Korol, a clarinet player in a marching band, was arrested during a demonstration outside an Immigration and Customs Enforcement facility in October. Court documents said officers pepper-sprayed her and pushed her to the ground, where she struck an officer with her foot.
A jury later failed to reach a verdict on the felony assault charge. Following the mistrial, prosecutors filed a reduced misdemeanor charge. Korol pleaded guilty and was sentenced on Sept. 1 to time served and one year of supervised release.
Her attorneys said she had accepted responsibility for choices made during the confrontation, which they said caused no injury.
In another case, Jonathan Caravello, a lecturer at California State University Channel Islands, was acquitted of assaulting a federal officer following a three-day trial. A judge subsequently reviewed unredacted grand jury transcripts and criticized prosecutors for improper conduct. The charges were dismissed shortly before the trial.
Caravello and his attorneys said they were proud to have fought the allegations, describing the case as significant for protesters across the country.
Plea Deals and Dismissals Fuel Debate Over DOJ Strategy
The high number of reduced charges and dismissals has prompted legal experts to question whether prosecutors used felony accusations to pressure defendants into accepting misdemeanor pleas.
Laurie Levenson, a former federal prosecutor and professor at Loyola Law School in Los Angeles, said prosecutors should be prepared to prove the charges they bring beyond a reasonable doubt.
The Los Angeles U.S. Attorney’s Office defended its actions, saying the prosecutions responded to violence against law enforcement officers performing their duties. The Justice Department also stated that every case is evaluated according to its facts and that prosecutors should reduce or dismiss charges when mitigating circumstances are identified.
The department’s record comes amid broader legal challenges for the Trump administration, including high-profile investigations that have faced dismissals, acquittals and difficulties securing indictments.
The final three felony assault cases from the reviewed protests, involving defendants in Los Angeles and Portland, are scheduled to go to trial this fall. Their outcomes could further shape the debate over how federal prosecutors handle protest-related allegations and the balance between law enforcement accountability and defendants’ rights.
