LOS ANGELES — 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. last year on charges of assaulting federal authorities. An analysis of case outcomes shows that all twelve cases that proceeded to trial ended in acquittal, mistrial, or dismissal.

Of the 102 arrests for felony assault on a federal officer, 41% of cases were dismissed and 34% were pleaded down to misdemeanors. Ten people pleaded guilty to felony assault, while nine people received prison sentences for felony assault. The Associated Press analysis found that less than half of the protesters charged for either felony or misdemeanor assault were convicted.

The high rate of unsuccessful prosecutions has drawn attention from legal experts regarding the initial charging decisions. “The fact that the government failed to win any felony assault convictions at trial calls into question whether or not these charges should have ever been brought in the first place,” said Mary Fan, a former federal prosecutor and law professor at the University of Washington. Fan noted that prosecutors typically hold advantages in the legal system. “Prosecutors tend to win because they control what cases they pursue and they have a lot of resources and discretion,” Fan said.

Laurie Levenson, a former federal prosecutor and professor at Loyola Law School in Los Angeles, emphasized the burden of proof required in criminal cases. “I think when prosecutors bring charges ethically, they should be prepared to prove them beyond a reasonable doubt,” Levenson said. This standard contrasts with the broader statistical landscape of assault prosecutions nationwide. In 2024, 82% of defendants charged with felony or misdemeanor assault were convicted at trial or with a plea deal, according to data from the Administrative Office of the U.S. Courts.

The Justice Department defended its approach in a statement, asserting that federal prosecutors are right to prioritize cases against people accused of assaulting federal officers and that "each case is based on the facts." The agency added that if there are mitigating factors identified in a case, then prosecutors must also act appropriately to inform the court, and in some cases downgrade or drop charges.

The analysis focused on arrests made during protests in Los Angeles, Chicago, Portland, Oregon, and Washington, D.C. where President Donald Trump sought to or successfully deployed the National Guard. In Chicago, all but one of 19 felony assault cases were dismissed.

The government dismissed charges against two of the defendants in the Chicago ICE facility case. Authorities dropped the conspiracy charge against Michael Rabbitt and proceeded on misdemeanor counts of impeding a federal officer. A judge reviewed unredacted transcripts of grand jury proceedings and admonished prosecutors for improper behavior before the grand jury.

The charges against Rabbitt were dismissed days before trial. “This case was bigger than us,” Rabbitt said. “I’m proud that we won this case, not just for us, but for protesters across the country,” he added.

In Portland, a jury could not reach an agreement on felony assault charges for Oriana Korol, resulting in a mistrial. Korol was playing clarinet in a marching band demonstrating outside the Portland ICE building last October when a scuffle involving officers broke out. According to court documents, officers pepper sprayed Korol and pushed her to the ground, where she struck one officer with her foot.

After the mistrial, prosecutors filed a reduced misdemeanor assault charge against her. Korol pleaded guilty and was sentenced on September 1 to time served and one year of supervised release.

Jonathan Caravello, a lecturer at California State University Channel Islands, was acquitted of assault on a federal officer after a three-day trial. Caravello was accused of throwing a tear gas canister deployed by immigration agents back at them while protesting a raid at a Southern California cannabis farm. Videos showed Caravello tossed the canister high above officers’ heads and it landed far behind them.

Caravello said he was trying to get the canister away from the crowd. “They’re trying to get a chilling effect out of these charges,” said Caravello, who turned down a misdemeanor plea deal.

The U.S. Attorney’s office overseeing Los Angeles stated it brought prosecutions in response to a "wave of violence against law enforcement officers who were doing their jobs." The office voluntarily dismissed charges against some defendants after further investigation. Los Angeles prosecutors arrested three additional people for felony assault at immigration-related protests this year. One of the three additional defendants pleaded guilty to a felony and two pleaded guilty to misdemeanors.

Not all protest-related cases resulted in dismissals or acquittals. A man accused of throwing a Molotov cocktail at a hotel outside Los Angeles where federal authorities were staying was sentenced to five years in prison. Two people were sentenced to more than three years in prison after pouring lighter fluid on a burning California Highway Patrol vehicle.

Federal judges sentenced eight people to decades in prison for their participation in a demonstration outside a detention center in Texas last July where a police officer was shot in the neck. Three people were convicted at trial of conspiracy to impede or injure an officer for protesting outside a detention facility in Spokane, Washington, last June. Seven people arrested on other charges were sentenced to prison for offenses including arson and obstructing law enforcement. Three remaining felony assault cases in Los Angeles and Portland are scheduled for trial in the fall.

Why It Matters

The disparity between the national conviction rate for assault and the outcomes in these specific protest cases shows potential evidentiary hurdles in proving violent conduct against federal officers during chaotic demonstrations. With less than half of the charged protesters convicted, the results suggest systemic challenges in meeting the burden of proof beyond a reasonable doubt for felony charges in this context. The pattern of dismissals and downgrades has prompted discussion about the initial application of prosecutorial discretion and resource allocation in politically sensitive cases.