Description: Tucson, Arizona criminal defense lawyer represented the Defendant charged with assaulting a Federal Office and improper Entry by an Alien on September 6, 2023.

On May 5, 2023, a United States Border Patrol agent responded to a call from a Border Patrol camera operator who had spotted two suspected undocumented non-citizens in Douglas. The agent went to the area and located the two subjects, a male and a female, hiding in the brush. The agent was in the process of arresting the female when the male, Adbiel Martinez-Barrera, 21, of Guerrero, Mexico, who was bigger and heavier than the agent, mounted the agent from behind causing them both to fall to the ground. Martinez-Barrera tried to suffocate the agent by placing his hand over her mouth and nose, restricting her ability to breathe. Martinez-Barrera finally released the agent and fled the area but was later apprehended by other agents who arrived to assist. Martinez-Barrera had illegally crossed into the United States earlier that night.

Customs and Border Protection’s United States Border Patrol conducted the investigation in this case. Assistant U.S. Attorney Serra M. Tsethlikai, District of Arizona, Tucson, handled the prosecution.

Outcome: Defendant was sentenced to 13 months and one day in prison.

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