Assaulting Law Enforcement Officer Charge in Virginia

December 18, 2017 by Jean Humbrecht

Virginia assault and battery charges need to be taken seriously.  Assault is generally charged as a misdemeanor in Virginia, but sometimes it can be charged as a felony.  An Assaulting Law Enforcement Officer charge in Virginia is one of the felony assault charges in Virginia.  For more information on an Assaulting Law Enforcement Officer charge in Virginia, read the post below.

assaulting law enforcement officer charge in Virginia

An Assaulting Law Enforcement Officer Charge in Virginia is a Felony

Assaulting Law Enforcement Officer Charge in Virginia

Assault in Virginia is threatening another person with a harmful or offensive contact (a battery).  An offender does not need to harm or make any contact with the victim in order to be convicted of a Virginia assault.  Threatening a law enforcement officer with a battery, and having the apparent present ability to commit that battery, is considered Assault of a Law Enforcement Officer in Virginia under Va. Code §18.2-57(C).  The offense is a felony merely because the victim is a law enforcement officer.  The officer does not have to be harmed to convict an offender of an Assaulting Law Enforcement Officer charge 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 Assaulting Law Enforcement Officer Charge in Virginia

An Assaulting Law Enforcement Officer charge in Virginia (Va. Code §18.2-57(C)) is a Class 6 felony.  It 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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