§2A2.1 Assault with Intent to Commit Murder: Federal Sentences, Fiscal Year 2021
For the 115 people sentenced in federal court in fiscal year 2021 under §2A2.1, "Assault with Intent to Commit Murder," the median prison term was 120 months (10 years). Every person received a prison term, and 106 (92%) pleaded guilty.
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In brief: For the 115 people sentenced in federal court in fiscal year 2021 under §2A2.1, "Assault with Intent to Commit Murder," the median prison term was 120 months (10 years). Every person received a prison term, and 106 (92%) pleaded guilty.
This post uses the U.S. Sentencing Commission's records of 115 people sentenced in federal court in fiscal year 2021. Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended in fiscal years 2016 to 2025. It is part of the Federal Prosecution Analysis series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.
A 10-Year Median for 115 People
The median prison term was 120 months, which is 10 years. A quarter of the 115 people received 213 months or more. A quarter received 81 months or less.
115 of 115 (100%) were sent to prison, and 0 (0%) were given probation only. 2 people received life sentences. These are imposed terms, not time served.
Pleas and Trial Convictions
106 people pleaded guilty, which is 92% of the group. 9 were convicted after a trial. In 2021 the plea share was higher than in the neighboring years, 85% in 2020 and 87% in 2022.
After a guilty plea the median prison term was 120 months. After a trial it was 324 months. With 9 people in the trial group, that number is based on a small group. Among the guilty pleas, 78% had a written plea agreement and 22% were straight pleas.
Mandatory Minimum Terms
A mandatory minimum prison term applied to 32 of the 115 people (28%). The sheet does not show how the minimum compared with the term actually imposed.
Sentences Compared With the Guideline Range
All 115 people had range information. 42% (48) were sentenced within the range. 32% (37) were below it at the government's request, and 23% (27) were below it without such a request. 3% (3) were above the range.
Among all federal sentences in fiscal year 2021, 43% were within the range. The §2A2.1 share was about the same.
Supervised Release, Restitution, and Fines
111 people (97%) were ordered to serve supervised release, with a median term of 36 months. 1 person (less than 1%) received supervised release for life. A fine was ordered for 5 (4%), and restitution for 16 (14%).
Criminal History Categories
17% were in category I, the lowest criminal history category. 23% were in category VI, the highest. Court-martial records have no criminal history field.
Where 2021 Sits in the Series
The U.S. Sentencing Commission groups people by the primary guideline, meaning the one that set the offense level for the most serious count. Fiscal year 2021 ran from October 1, 2020 to September 30, 2021. The 115 cases were in the Assault category, and only convicted and sentenced people appear.
In 2020, 126 people were sentenced under this guideline. In 2022, 182 were. Over fiscal years 2016 to 2025, 1,534 people were sentenced, and the median was 120 months. For all guidelines in 2021, 57,287 people were sentenced, with a median prison term of 29 months. The table gives every year.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 80 | 120.5 months | 86% |
| 2017 | 130 | 120 months | 91% |
| 2018 | 112 | 136 months | 90% |
| 2019 | 169 | 120 months | 89% |
| 2020 | 126 | 120 months | 85% |
| 2021 | 115 | 120 months | 92% |
| 2022 | 182 | 120 months | 87% |
| 2023 | 201 | 120 months | 87% |
| 2024 | 226 | 125 months | 90% |
| 2025 | 193 | 137 months | 83% |
What the Records Leave Out
The numbers cannot show the facts of any case or why a term was chosen. The approved crosswalk has no close court-martial counterpart, so only the federal numbers are given.
How We Counted
Everyone sentenced in federal court in fiscal year 2021 whose primary sentencing guideline was §2A2.1 (115), U.S. Sentencing Commission individual data files. The primary guideline is the one that set the offense level for the most serious count.
Federal fiscal years run from October 1 to September 30. No person, judge, or lawyer is identified in any of these records.
What to Keep in Mind
No parole in federal prison; credit for good conduct. Federal prison has no parole for crimes committed on or after November 1, 1987. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served.
Federal supervised release. Most federal prison sentences are followed by a term of supervised release that the judge sets as part of the sentence. A person who violates it can be sent back to prison. A court-martial cannot sentence anyone to supervision after release. Military parole and mandatory supervised release are decided later by a board, not by the judge at trial.
Who decides the sentence, and under what rules. Federal judges sentence every federal case. They must calculate the Sentencing Guidelines range, which is advisory, and must impose any mandatory minimum the statute requires unless an exception applies. In courts-martial, the accused could choose sentencing by members until the rules changed. For cases in which every guilty finding is for an offense committed after December 27, 2023, a military judge sentences alone, within sentencing parameters. Courts-martial tried in 2024 and later include both old-rule and new-rule cases, and the data cannot tell them apart.
Time periods. Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.
How life sentences and "time served" are counted. In the federal numbers, a life sentence is counted as 470 months, and any other sentence longer than 470 months is counted as just under 470 months. A sentence of "time served" is counted as one day (0.03 months). Averages are affected by these rules; medians much less.
Mandatory minimum sentences. Many federal statutes on drugs, images of child exploitation, child sex abuse, and firearms carry mandatory minimum prison terms. The UCMJ has mandatory minimums only for a few offenses (a dishonorable discharge or dismissal for rape and sexual assault, and life for premeditated murder). Federal sentences for these offenses are partly set by Congress, not by the judge.
Related Analysis
- Military Moves Toward Sentencing Guidelines to Mirror the Federal System (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- §2A2.1 Assault with Intent to Commit Murder: Federal Sentences, FY2016–2025 (overview)
- §2A2.1 Assault with Intent to Commit Murder: Federal Sentences, Fiscal Year 2020 (previous or next fiscal year)
- §2A2.1 Assault with Intent to Commit Murder: Federal Sentences, Fiscal Year 2022 (previous or next fiscal year)
- How Often Federal Judges Sentence Outside the Guideline Range
- Mandatory Minimums: How Many Federal Sentences Are Set by Congress
- U.S. Sentencing Commission, Individual Offender Datafiles (source)
- Federal Judicial Center, Integrated Database (criminal defendants) (source)
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.