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Assaulting Law Enforcement Officer in Virginia Charge
A battery in Virginia is an intentional, unwanted touching of another person. Assault in Virginia is threatening to commit an imminent battery. Therefore, attempting or threatening an unwanted touching is assault in Virginia, and attempting or threatening an unwanted touching of a law enforcement officer in Virginia is considered Assaulting a Law Enforcement Officer under Va. Code §18.2-57(C).
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Proof of Assaulting Law Enforcement Officer in Virginia
To convict an offender of Assaulting a Law Enforcement Officer in Virginia under Va. Code §18.2-57(C), the Commonwealth must prove that the offender:
- assaulted
- someone he knew or should have known
- was a law enforcement officer
- engaged in his public duties
Penalties for Assaulting Law Enforcement Officer in Virginia
Assaulting a Law Enforcement Officer in Virginia is a Class 6 felony, punished with a minimum of 6 months in jail up to 5 years in prison and a fine up to $2,500.
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