Disarming Law-Enforcement or Correctional Officer in Virginia
September 20, 2017 by Jean Humbrecht
Disarming a law-enforcement or correctional officer in Virginia or preventing him from the use of his weapon is a separate assault charge under Va. Code §18.2-57.02. The charge of Disarming Law-Enforcement or Correctional Officer in Virginia can be a misdemeanor or a felony.
Disarming Law-Enforcement or Correctional Officer in Virginia
Disarming a Law-Enforcement or Correctional Officer in Virginia Can be a Misdemeanor or a Felony
Disarming a law-enforcement or correctional officer in Virginia occurs when an offender removes a chemical irritant weapon or impact weapon from an officer or otherwise prevents the officer from using his weapon. To convict an offender of a charge of Disarming Law-Enforcement or Correctional Officer in Virginia under Va. Code §18.2-57.02, the Commonwealth must prove that the offender:
- knowingly
- disarmed
- a law-enforcement or correctional officer (or a person the offender should have known was a law-enforcement or correctional officer)
- engaged in the performance of his duties
- with the intent to impede or prevent the performance of those duties
- without the permission of the officer
Disarming Law-Enforcement or Correctional Officer in Virginia Penalty
Depriving a law-enforcement officer or correctional officer of the use of his weapon or removing a chemical irritant or impact weapon from the officer is a Class 1 misdemeanor. It is punished with up to 12 months in jail and a fine up to $2,500. If the weapon involved was a firearm or stun weapon, the offense is a Class 6 felony, punished with up to 5 years in prison.
A charge of Disarming Law-Enforcement or Correctional Officer in Virginia under Va. Code §18.2-57.02 is a separate and distinct offense. This means that an offender can be charged with, and convicted of, other crimes based on the same conduct.
Disarming Law-Enforcement or Correctional Officer in Virginia Statute
§18.2-57.02. Disarming a law-enforcement or correctional officer; penalty.
Any person who knows or has reason to know a person is a law-enforcement officer as defined in §18.2-57, a correctional officer as defined in §53.1-1, or a person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department, who is engaged in the performance of his duties as such and, with the intent to impede or prevent any such person from performing his official duties, knowingly and without the person’s permission removes a chemical irritant weapon or impact weapon from the possession of the officer or deprives the officer of the use of the weapon is guilty of a Class 1 misdemeanor. However, if the weapon removed or deprived in violation of this section is the officer’s firearm or stun weapon as defined in §18.2-308.1, he shall be guilty of a Class 6 felony. A violation of this section shall constitute a separate and distinct offense.