Assaulting Police Officer in Virginia
December 22, 2018 by Jean Humbrecht
There are a number of different assault and battery charges in Virginia. Virginia assault and battery charges can be misdemeanors or felonies and some have mandatory minimum punishments, including the charge Assaulting Police Officer in Virginia under Va. Code §18.2-57(C). This post focuses on a charge of Assaulting a Police Officer in Virginia.
For more information on other assault and battery charges in Virginia, click here.
Assaulting Police Officer in Virginia Charge
Assaulting a Police Officer in Virginia is a Felony
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 police officer in Virginia is considered Assaulting a Police Officer 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.
Proof of Assaulting Police Officer in Virginia
To convict an offender of Assaulting a Police 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 police officer
- engaged in his public duties
Penalties for Assaulting Police Officer in Virginia
Assaulting a Police officer in Virginia is a Class 6 felony. It is 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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