Virginia Assault on a Law Enforcement Officer Charge

A Virginia Assault on a Law Enforcement Officer Charge is Punished with up to 5 Years in Prison

Virginia Assault on a Law Enforcement Officer Charge

Assault in Virginia is threatening a person with a harmful or offensive contact (a battery).  An offender does not need to touch or cause injury to another person to be convicted of Assault, as long as he has the apparent present ability to commit the harmful or offensive touching.  This is usually referred to as Simple Assault.

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Assaulting a Law Enforcement Officer in Virginia is threatening a Law Enforcement Officer with a harmful or offensive contact.  The harmful or offensive contact is the same that is required for a Simple Assault conviction under Va. Code §18.2-57, but the offense is a felony because the victim is a Law Enforcement Officer.  The Law Enforcement Officer does not have to be harmed or even touched at all to convict an offender of a Virginia Assault on a Law Enforcement Officer charge, 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 Virginia Assault on a Law Enforcement Officer Charge

Assaulting a Law Enforcement Officer in Virginia (Va. Code §18.2-57(c)) is a felony punished with a mandatory minimum sentence of 6 months in jail up to 5 years in prison and a fine up to $2,500.