Assaulting Police Officer Charge in Virginia
Assault in Virginia is threatening to cause a harmful or offensive contact (a battery). An offender does not need to actually harm or make contact with the victim in order to be convicted of an assault in Virginia. Threatening a police officer with a battery, and having the apparent present ability to commit the battery, is considered assault of a police officer in Virginia under Va. Code §18.2-57(c). The offense is a felony merely because the victim of the assault is a police officer. The officer does not have to be harmed to convict an offender of an Assaulting Police Officer charge in Virginia, but the Commonwealth must prove that the offender knew or should have known that the victim was a police officer engaged in his public duties.
Penalty for Assaulting Police Officer Charge in Virginia
Assaulting a police officer in Virginia (Va. Code §18.2-57(c)) is a felony, 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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