What is Assault on a Police Officer in Virginia?

April 20, 2018 by Jean Humbrecht

Have you ever wondered, what is assault on a police officer in Virginia?  The charge can be confusing, since it is found in the same code section as simple assault and assault and battery.  Even though the charges require similar proof, there are important differences between simple assault and assault on a police officer in Virginia.  If you are wondering, what is assault on a police officer in Virginia, read the post below.

what is assault on a police officer in Virginia

Assaulting a Police Officer in Virginia is Threatening the Officer with Harmful or Offensive Contact

What is Assault on a Police Officer in Virginia?

Assaulting a police officer in Virginia is threatening to cause a harmful or offensive contact to a police officer.  The assaultive contact is the same that is required for a simple assault (Va. Code §18.2-57), but the offense is a felony because the victim of the assault is a police officer.  The officer does not have to be harmed to convict an offender of assault on a police officer in Virginia, but the Commonwealth must prove that the offender knew or should have known that the victim was a police officer engaged in his public duties.

Penalty for Assault on Police Officer in Virginia

Assaulting a police officer in Virginia (Va. Code §18.2-57(c)) is a felony 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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