Assault on Law Enforcement Officer Charge in Virginia

June 3, 2016 by Jean Humbrecht

Assault on a Law Enforcement Officer in Virginia is a very serious charge.  In addition to a permanent felony conviction that can never be expunged, the offender will be punished with a mandatory minimum, active sentence of 6 months in jail.  For more information on an Assault on Law Enforcement Officer charge in Virginia, read the post below.

assault on law enforcement officer charge in Virginia

An Assault on Law Enforcement Officer Charge in Virginia is a Felony

Proof of Assault on Law Enforcement Officer Charge in Virginia

To convict an offender of an Assault on Law Enforcement Officer charge in Virginia (Va. Code §18.2-57(C)), the Commonwealth must prove that the offender threatened a person he knew or should have known was a law enforcement officer engaged in the performance of his public duties with a harmful or offensive contact.  The offender does not need to harm the officer or make any contact at all to be convicted.  As long as the offender threatened a law enforcement officer with a harmful or offensive contact and had the apparent present ability to cause that harmful or offensive contact, he can be convicted of an Assault on Law Enforcement Officer Charge under Va. Code §18.2-57(C).

Penalty for Assault on Law Enforcement Officer Charge in Virginia

An Assault on Law Enforcement Officer charge in Virginia is a Class 6 felony and 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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