Virginia Assault on Police Officer Charge
Assault in Virginia is threatening another person with a battery. Battery in Virginia is an unjustified harmful or offensive contact. Therefore, assault is threatening a harmful or offensive contact. This is known as simple assault.
Threatening a police officer in Virginia with a harmful or offensive contact is considered assault on a police officer in Virginia and is automatically a felony. The offender does not need to actually touch or harm the police officer in any way to be convicted of a Virginia Assault on Police Officer charge. As long as the offender threatened a harmful or offensive contact to someone he knew or should have known was a police officer engaged in his public duties, he can be convicted of a Virginia Assault on Police Officer charge under Va. Code §18.2-57(c).
Penalties for Virginia Assault on Police Officer Charge
Assaulting a police officer in Virginia is a felony. It is punished with a mandatory minimum of 6 months in jail up to 5 years in prison and a fine up to $2,500.
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