What is Assault on a Law Enforcement Officer in Virginia?

November 1, 2016 by Jean Humbrecht

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

what is assault on a law enforcement officer in virginia

Assault on a Law Enforcement Officer in Virginia is a Felony

What is Assault on a Law Enforcement Officer in Virginia?

Assaulting a law enforcement officer in Virginia is threatening to cause a harmful or offensive contact to a law enforcement 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 law enforcement officer.  The law enforcement officer does not have to be harmed to convict an offender of assault on a law enforcement officer in Virginia, but the Commonwealth must prove that the offender knew or should have known that the victim was a law enforcement officer engaged in his public duties.

Penalty for Assault on a Law Enforcement Officer in Virginia

Assaulting a law enforcement 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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