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Policy & Law

AP Analysis: DOJ Fails to Secure Felony Convictions in Most Protest Assault Cases

Juries and judges acquitted or dismissed charges in all dozen felony assault cases that went to trial from 102 arrests in four cities.

⚡ The Bottom Line

The divergence between federal prosecution norms and the outcomes in these protest cases has sparked debate over the balance between enforcing laws protecting federal officers and preserving the right to protest. The high dismissal rate and lack of felony trial convictions suggest that juries and judges were unconvinced by the evidence in many of the most serious charges, often leading to reduc...

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The U.S. Justice Department failed to secure felony convictions against most of the 102 protesters arrested in Los Angeles, Chicago, Portland and Washington, D.C., on charges of assaulting federal authorities last year. According to an Associated Press analysis, all dozen felony assault cases that proceeded to trial ended in acquittal, mistrial or dismissal, a record significantly lower than the federal norm for such prosecutions. The results have intensified scrutiny of charging decisions made during a period when the Trump administration emphasized strict enforcement against those interfering with federal law enforcement operations.

The arrests occurred during protests in the summer and fall of 2025, coinciding with instances where President Donald Trump sought to or successfully deployed the National Guard in these cities. Then-Attorney General Pam Bondi warned that individuals interfering with federal law enforcement would face "severe consequences." Of the 102 felony assault arrests, 41% were dismissed and 34% were reduced to misdemeanors through plea deals. Ten defendants pleaded guilty to felony assault, and nine received prison time. The remaining felony cases, three in total located in Los Angeles and Portland, are scheduled for trial this fall.

What the Right Is Saying

The Justice Department maintained that its prosecutorial decisions were grounded in evidence and necessary to protect federal officers. In a statement, the department asserted that "each case is based on the facts" and that federal prosecutors are right to prioritize cases against individuals accused of assaulting federal officers. The department noted that when mitigating factors are identified, prosecutors act appropriately by informing the court and, in some instances, downgrading or dropping charges.

The U.S. Attorney's office in Los Angeles, which oversaw many of the cases, said the prosecutions were a response to a "wave of violence against law enforcement officers who were doing their jobs." The office stated it voluntarily dismissed charges against some defendants after further investigation. Supporters of the enforcement strategy point to notable successes in other jurisdictions not included in the AP's specific four-city analysis, such as the sentencing of eight individuals to decades in prison for their roles in a protest outside a Texas detention center where a police officer was shot, and the conviction of three people in Spokane, Washington, for conspiracy to impede or injure an officer.

What the Left Is Saying

Legal experts and defense attorneys argue that the high rate of dismissals and acquittals indicates the charges were brought prematurely or aggressively to achieve a political deterrent effect. Mary Fan, a former federal prosecutor and law professor at the University of Washington, stated that the government's inability to win felony assault convictions at trial raises questions about "whether or not these charges should have ever been brought in the first place." She noted that prosecutors typically win because they control case selection and resources, making the loss rate in these protest cases unusual.

Defendants and their legal teams have highlighted specific instances they believe demonstrate overcharging. Jonathan Caravello, a lecturer acquitted of assault on a federal officer, said, "They're trying to get a chilling effect out of these charges." Caravello was accused of throwing a tear gas canister back at immigration agents during a protest; video evidence showed the canister landed far behind the officers. Similarly, Michael Rabbitt, whose felony conspiracy charges were dismissed after a judge admonished prosecutors for behavior before a grand jury, said, "This case was bigger than us... I'm proud that we won this case, not just for us, but for protesters across the country."

What the Numbers Show

Data from the Administrative Office of the U.S. Courts indicates that in 2024, 82% of defendants charged with felony or misdemeanor assault were convicted at trial or through plea deals. In contrast, the AP analysis found that less than half of the protesters charged in these specific cases were convicted. Of the 102 felony assault arrests, 41% were dismissed, 34% resulted in misdemeanor pleas, 10% resulted in felony pleas, and 9% resulted in prison sentences. All 12 felony cases that went to trial resulted in acquittal, mistrial, or dismissal.

The disparity is evident in case outcomes like that of Oriana Korol in Portland, who was charged with felony assault after a scuffle with officers while playing clarinet in a protest band. After a mistrial, she pleaded guilty to a reduced misdemeanor charge and was sentenced to time served. In Chicago, all but one of 19 felony assault cases were dismissed. The AP analysis also tracked 167 total arrests, noting that while felony assault charges struggled, seven defendants were sentenced to prison for other offenses such as arson and obstructing law enforcement.

The Bottom Line

The divergence between federal prosecution norms and the outcomes in these protest cases has sparked debate over the balance between enforcing laws protecting federal officers and preserving the right to protest. The high dismissal rate and lack of felony trial convictions suggest that juries and judges were unconvinced by the evidence in many of the most serious charges, often leading to reduced misdemeanors or dismissals. As three remaining felony trials are set for this fall, the legal community will continue to monitor whether the pattern of judicial skepticism toward felony assault charges in protest contexts persists. The Justice Department faces ongoing pressure to justify its charging strategies, while defense attorneys argue the record confirms concerns about politically motivated overreach.

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