Proof of Assaulting a Law Enforcement Officer in Virginia
Assaulting a law enforcement officer in Virginia is charged under Va. Code §18.2-57(C). Someone can be convicted of assaulting a law enforcement officer in Virginia for committing an assault or an assault and battery against someone he knows or should know is a law enforcement officer engaged in the performance of his duties.
To convict an offender of assaulting a law enforcement officer in Virginia, the Commonwealth must prove that the defendant:
- committed an assault
- against someone he knew or should have known
- was a law enforcement officer
- engaged in his public duties
Assaulting a Law Enforcement Officer in Virginia is a Class 6 Felony
An assault in Virginia is an attempted or threatened battery (a harmful or offensive touching). Therefore, attempting or threatening an unwanted touching of a law enforcement officer is considered assaulting a police officer in Virginia under Va. Code §18.2-57(C).
Click here for more information on assault in Virginia.
Click here for more information on battery in Virginia.
Click here for more information on assault and battery in Virginia.
Penalties for Assaulting a Law Enforcement Officer in Virginia
Assaulting a law enforcement officer in Virginia is a Class 6 felony. It is punished with up to 5 years in prison and a fine up to $2,500. However, there is a mandatory MINIMUM confinement of 6 months in jail if convicted.
***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***