Assaulting A Police Officer in Virginia
December 29, 2015 by Jean Humbrecht
Virginia assault charges are usually misdemeanors. However, assaulting a police officer in Virginia is a felony. It is punished with up to 5 years in prison, a fine up to $2,500, or both. If convicted, the defendant will be sentenced to a mandatory MINIMUM of 6 months in jail.
Assaulting a police officer in Virginia is charged under Va. Code §18.2-57(C). Someone can be convicted of assaulting a police officer in Virginia if he commits an assault or an assault and battery against someone he knows or should know is a police officer engaged in the performance of his duties.
Proof of Assaulting a Police Officer in Virginia Charge
To convict an offender of a charge of assaulting a police officer in Virginia, the Commonwealth must prove that the defendant:
- committed an assault
- against someone he knew or should have known
- was a police officer
- engaged in his public duties
An assault in Virginia is an attempted or threatened battery (a harmful or offensive touching). Basically, any intentional, unwanted touching is a battery. Therefore, attempting or threatening an unwanted touching is an assault in Virginia. Attempting or threatening an unwanted touching of a police officer is considered assaulting a police officer in Virginia under Va. Code §18.2-57(c).
Assaulting a Police Officer in Virginia is a Felony
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, click here.
Penalties for Assaulting a Police Officer in Virginia
Assaulting a police officer in Virginia is a Class 6 felony. It is punished with up to 5 years in prison and/or a fine up to $2,500. However, there is a mandatory MINIMUM confinement of 6 months in jail if convicted.
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