Assault on Police Officer in Virginia
Assaulting a Police Officer in Virginia is a Felony
Battery in Virginia is any intentional, unwanted touching of another person. Assault is threatening to commit an imminent battery. An offender can be convicted of assault in Virginia regardless of whether he touched or physically harmed the victim. Therefore, attempting or threatening an unwanted touching (or harmful touching) is assault in Virginia, and attempting or threatening an unwanted (or harmful) touching of a police officer in Virginia will be charged as Assault on a Police Officer under Va. Code §18.2-57(C).
Click here for more information on an assault in Virginia.
Click here for more information on a battery in Virginia.
Proof of Assault on Police Officer in Virginia
To convict an offender of Assault on Police Officer under Va. Code §18.2-57(C), the Commonwealth must prove that the offender:
- assaulted
- someone he knew or should have known
- was a police officer
- engaged in his public duties
Penalties for Assault on Police Officer in Virginia
An Assault on Police Officer charge in Virginia (Va. Code §18.2-57(C)) is a Class 6 felony. It is punished with a mandatory minimum, active sentence of 6 months in jail up to 5 years in prison and a fine up to $2,500.
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