# Legal folk: Son attacked at work; Likely outcome for the perp? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [October 13, 2013, 10:33am UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132 "2013-10-13T10:33:09Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![pullin](https://avatars.discourse-cdn.com/v4/letter/p/c57346/32.png) [@pullin](https://boards.straightdope.com/u/pullin)\ **Post date:** [October 13, 2013, 10:33am UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/1 "2013-10-13T10:33:09Z")
First off, pullinSon’s OK. Attacker threw punches but never connected. The details: Son is FO (Copilot) for Large-US-Airline. After a weather-delayed landing, a furious passenger confronted him and the Captain outside the cockpit door. Before either could answer, he began throwing punches and pushing, then stormed up the jetway shouting they were all “Fucking useless idiots” etc. for making him late. Apparently the cabin-crew had already alerted authorities about an unruly passenger and airport police intercepted him as he entered the terminal. Mr. Fisticuffs decided his best option was to fight the police as well (which worked out exactly as you’d expect). Last seen, he was being dragged away in handcuffs. My question for anyone with legal experience; What likely happens to him now? I’m curious, since this type of attack is usually viewed with more seriousness than a bar-fight etc. I’ve heard of angry passengers attacking crew before (usually flight attendants), but never heard what actually happens to the perp. Is this a federal crime? Do judges usually give jail time? Or will is it likely to be fine+probation? I also wonder if the guy has earned himself a permanent spot on some TSA list. Son was told the airline will likely blacklist the guy for many years, but he’s unsure whether it’s all lines or just his company. Any answers/speculation welcome. Probably just schadenfreude-ing here with my morning coffee, but we parents are allowed that when our kid is attacked. 😉 ---
**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\ **Post date:** [October 13, 2013, 10:49am UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/2 "2013-10-13T10:49:04Z")
No idea what will happen to the perp - it will likely depend on the quality of his legal rep, and his prior record. Your son, however, will have a good story to tell in the bar during layovers - I could easily become a modest hero from that encounter…🙂 ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [October 13, 2013, 4:41pm UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/3 "2013-10-13T16:41:26Z")
Just a guess, but throwing punches at flight crew and cops seems likely to earn major jail time. Googling shows several cases where an unruly passenger got anywhere from three months to four years. Although causing the plane to divert is the big no-no, and that’s not present here, it looks like any kind of physical altercation can be major trouble as well. Here are a couple of people who got jail time for grabbing another [passenger](http://consumerist.com/2008/02/18/drunk-passenger-gets-jail-time-has-to-reimburse-american-airlines-7757/) or a [flight attendant](http://www.denverpost.com/sports/ci_15136703). ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [October 13, 2013, 4:45pm UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/4 "2013-10-13T16:45:32Z")
Whatever he was late for, he didn’t make it any better. 😃 ---
**Author:** ![runningdude](https://avatars.discourse-cdn.com/v4/letter/r/e9c0ed/32.png) [@runningdude](https://boards.straightdope.com/u/runningdude)\ **Post date:** [October 13, 2013, 4:54pm UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/5 "2013-10-13T16:54:27Z")
I was riding a train just yesterday, and there was a sign that said “Train Crews are Protected by State Law. Assaulting a Crew Member is a Felony, Punishable by up to Seven Years.” If train crews are protected, I’d image flight crews are protected too in many areas, depending on the state the plane is in(over?), and where it lands, and hopefully federally too. ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [October 13, 2013, 5:00pm UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/6 "2013-10-13T17:00:55Z")
The fact that it’s on a plane/airport means it could indeed be a Federal crime. Even aside from that, here in Virginia the guy would be charged I’d imagine with at minimum two counts of simple assault. Maybe more depending on the exact particulars. Each of those counts is a Class 1 Misdemeanor punishable by “up to” one year in prison. [But there is no minimum, so the prosecutors/judge would have the discretion to sentence you to a punishment with no incarceration.] However, if you commit a simple assault against basically any public safety official, corrections official, or emergency services worker it immediately takes your simple assault from a Class 1 Misdemeanor to a Class 6 felony, punishable by incarceration for 1 to 5 years. I’m assuming some portion of the one year sentence could maybe be suspended. And depending on the totality of the circumstances maybe the prosecutor agrees to waive the felony charge in exchange for guilty pleas on a number of misdemeanor that results in a short incarceration or maybe no incarceration. But either way, it’s not a place you legally want to be. In Virginia at least, all of that is just the state crimes. The possibility of the Federal charges is what would have me concerned if I was the guy in question. ---
**Author:** ![Ranger\_Jeff](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ranger_jeff/32/2065_2.png) [@Ranger\_Jeff](https://boards.straightdope.com/u/Ranger_Jeff)\ **Post date:** [October 13, 2013, 5:04pm UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/7 "2013-10-13T17:04:36Z")
IANAL. That being said, I’m pretty sure a passenger assaulting a member of the crew is a Federal offense _if the aircraft is in flight_. I’m not sure if it’s the same if the aircraft is stopped at an airway and they’re deboarding passengers. I expect the perp will pay a fine and get a suspended sentence. Unless he hurt a police officer resisting arrest. The airline will ban him as a passenger permanently. And he and his baggage will be very thoroughly searched by TSA _ **every** _ time he ever flies again. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [October 13, 2013, 5:21pm UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/8 "2013-10-13T17:21:13Z")
How about “49 USC § 46504 - Interference with flight crew members and attendants”? Does that apply when the plane is on the ground? I suspect yes, but am not a lawyer. > [@](#): > > An individual on an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of the aircraft, interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, or attempts or conspires to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [October 13, 2013, 5:28pm UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/9 "2013-10-13T17:28:55Z")
I found out more about the “special aircraft jurisdiction”. “[1405 Special Aircraft Jurisdiction of the United States](http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01405.htm)”. “An aircraft is in the special aircraft jurisdiction of the United States only while the aircraft is ‘in flight.’” “An aircraft is ‘in flight’ from the moment when all external doors are closed following embarkation until the moment when one such door is opened for disembarkation, or in the case of a forced landing, until competent authorities take responsibility for the aircraft. 49 U.S.C. § 46501(1).” ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [October 13, 2013, 6:16pm UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/10 "2013-10-13T18:16:12Z")
In my state, a simple assault on a police officer is a felony, punishable by up to five years in prison (I think, haven’t checked the statute recently). Local prosecutors simply will not offer probation as a plea bargain. Punch a cop and you’re going to prison for some period of time. Take it to a jury trial, and if you’re convicted you will get the maximum sentence. Since this guy assaulted multiple people, and likely pissed off the cops in the process, if he was in my state, he’d better plan on being here for several years. ---
**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\ **Post date:** [October 13, 2013, 6:23pm UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/11 "2013-10-13T18:23:28Z")
In this post-9/11 world, assaulting a flight crew member is risking suicide. Whatever the outcome, the perp is very, very lucky. ---
**Author:** ![Bosda\_Di\_Chi\_of\_Tricor](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bosda_di_chi_of_tricor/32/16845_2.png) [@Bosda\_Di\_Chi\_of\_Tricor](https://boards.straightdope.com/u/Bosda_Di_Chi_of_Tricor)\ **Post date:** [October 13, 2013, 8:33pm UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/12 "2013-10-13T20:33:28Z")
Have your kid sued the guy. Anybody that self-important, has loot. ---
**Author:** ![pullin](https://avatars.discourse-cdn.com/v4/letter/p/c57346/32.png) [@pullin](https://boards.straightdope.com/u/pullin)\ **Post date:** [October 14, 2013, 12:14am UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/13 "2013-10-14T00:14:52Z")
> [@runner pat](#): > > Whatever he was late for, he didn’t make it any better. 😃 Thanks everyone for the replies. A few more details are filtering in, and it appears he was afraid of missing his connecting flight to board a cruise ship (for vacation). It appears to have sailed without him. 😛 If I learn any more about the outcome, I’ll post the details here. ---
**Author:** ![Algher](https://avatars.discourse-cdn.com/v4/letter/a/3d9bf3/32.png) [@Algher](https://boards.straightdope.com/u/Algher)\ **Post date:** [October 14, 2013, 12:55am UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/14 "2013-10-14T00:55:31Z")
Add in a blacklist for your kid’s airline, plus any others they choose to share said blacklist with. As a frequent traveler - that would kill my career. ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [October 14, 2013, 1:22am UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/15 "2013-10-14T01:22:11Z")
> [@pullin](#): > > Thanks everyone for the replies. A few more details are filtering in, and it appears he was afraid of missing his connecting flight to board a cruise ship (for vacation). It appears to have sailed without him. 😛 > > If I learn any more about the outcome, I’ll post the details here. It’s shocking someone could be so ridiculously stupid as to assault multiple other people (including police officers) over a temporary inconvenience. Even if he had missed his cruise departure that’s nothing compared to what will almost certainly be life long consequences. If he’s very lucky and ends up getting no incarceration, I’d be shocked if he doesn’t end up with a criminal record. He could lose his job and become virtually unemployable in his given career path etc. ---
**Author:** ![Dendarii\_Dame](https://avatars.discourse-cdn.com/v4/letter/d/bbce88/32.png) [@Dendarii\_Dame](https://boards.straightdope.com/u/Dendarii_Dame)\ **Post date:** [October 14, 2013, 2:07pm UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/16 "2013-10-14T14:07:58Z")
> [@Bosda\_Di\_Chi\_of\_Tricor](#): > > Have your kid sued the guy. > Anybody that self-important, has loot. Not necessarily. I have met self-important people at all income levels. ---
**Author:** ![msmith537](https://avatars.discourse-cdn.com/v4/letter/m/d9b06d/32.png) [@msmith537](https://boards.straightdope.com/u/msmith537)\ **Post date:** [October 14, 2013, 2:55pm UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/17 "2013-10-14T14:55:49Z")
> [@Ranger\_Jeff](#): > > IANAL. That being said, I’m pretty sure a passenger assaulting a member of the crew is a Federal offense _if the aircraft is in flight_. I’m not sure if it’s the same if the aircraft is stopped at an airway and they’re deboarding passengers. I expect the perp will pay a fine and get a suspended sentence. Unless he hurt a police officer resisting arrest. The airline will ban him as a passenger permanently. And he and his baggage will be very thoroughly searched by TSA _ **every** _ time he ever flies again. It is. [Punishable up to 20 years or $250,000](http://www.criminaldefenselawyer.com/resources/interfering-with-a-flight-attendant-or-crewmember.htm) if the aircraft is “in flight” (which in this case would mean before the first door is opened to disembark passengers). ---
**Author:** ![Dangerosa](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Dangerosa](https://boards.straightdope.com/u/Dangerosa)\ **Post date:** [October 14, 2013, 3:30pm UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/18 "2013-10-14T15:30:54Z")
> [@pullin](#): > > Thanks everyone for the replies. A few more details are filtering in, and it appears he was afraid of missing his connecting flight to board a cruise ship (for vacation). It appears to have sailed without him. 😛 > > If I learn any more about the outcome, I’ll post the details here. You don’t spend more than about fifteen minutes planning to book a cruise before you learn that you should either. 1. Book your air through the cruise line - then they are responsible for getting you to the ship. If your flight is late, you may not pick the ship up until the first port though. 2. Better yet, fly in at least a day early. Airlines have delays all the time - mechanical, weather, whatever. The ship leaves when scheduled, even if you are snowed in at the Cincinatti airport or your connecting flight didn’t make it. ---
**Author:** ![Malden\_Capell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/malden_capell/32/5274_2.png) [@Malden\_Capell](https://boards.straightdope.com/u/Malden_Capell)\ **Post date:** [October 14, 2013, 3:35pm UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/19 "2013-10-14T15:35:13Z")
I don’t understand how people can think anything like this will help matters. If it’s a weather-related delay, then that’s down in legal regulations and nothing to do with the competence of the pilots and crew, who are simply doing their jobs. Even if it were their fault, how will breaking their jaws help? Can he fly a plane better? I mean, what’s the logic? Was he drunk or something? I’m a fairly quiet and chilled out person, so maybe I just can’t relate to physical people, I dunno. ---
**Author:** ![Lemur866](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lemur866/32/434_2.png) [@Lemur866](https://boards.straightdope.com/u/Lemur866)\ **Post date:** [October 14, 2013, 4:16pm UTC](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132/20 "2013-10-14T16:16:23Z")
> [@Martin\_Hyde](#): > > It’s shocking someone could be so ridiculously stupid as to assault multiple other people (including police officers) over a temporary inconvenience. Even if he had missed his cruise departure that’s nothing compared to what will almost certainly be life long consequences. If he’s very lucky and ends up getting no incarceration, I’d be shocked if he doesn’t end up with a criminal record. He could lose his job and become virtually unemployable in his given career path etc. I doubt this was his first rodeo. When you have a guy who’s punching cops it’s very unlikely this is the first time ever he’s been in trouble. This guy’s record likely stretches back to elementary school. [Next page](https://boards.straightdope.com/t/legal-folk-son-attacked-at-work-likely-outcome-for-the-perp/671132.md?page=2)