Virginia Assault on a Police Officer Charge

Virginia Assault on a Police Officer Charge

An Assault on a Police Officer in Virginia is Punished with Up to 5 Years in Prison

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 an 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.

For more information on simple assault in Virginia, click here.

For more information on assault in Virginia, click here.

For more information on battery in Virginia, click here.

Assaulting a police officer in Virginia is threatening a police 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 police officer.  The police officer does not have to be harmed or even touched to convict an offender of assault on a police officer 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 Virginia Assault on a Police Officer Charge

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.