For more information on other Virginia Assault and Battery charges, click here.
Virginia Assaulting Law Enforcement Officer Charge
A Virginia Assaulting Law Enforcement Officer Charge is a Felony
Assaulting a Law Enforcement Officer in Virginia is committed by threatening a Law Enforcement Officer with a harmful or offensive contact (a battery). The offender does not need to harm or touch the Law Enforcement Officer to be convicted of a Virginia Assaulting Law Enforcement Officer charge under Va. Code §18.2-57(C). As long as the offender threatened an imminent battery and had the present ability to commit the battery, he can be convicted of Assault on a Law Enforcement Officer in Virginia.
For more information on Assault in Virginia, click here.
For more information on Battery in Virginia, click here.
Proof of Virginia Assaulting Law Enforcement Officer Charge
To convict an offender of an Assaulting Law Enforcement Officer charge in Virginia under Va. Code §18.2-57(C), the Commonwealth must prove that the offender:
- threatened a harmful or offensive touching
- of someone he knew (or should have known)
- was a Law Enforcement Officer
- engaged in his public duties
Penalties for Virginia Assaulting Law Enforcement Officer Charge
Assaulting a Law Enforcement Officer in Virginia is punished with a mandatory minimum sentence of 6 months in jail up to 5 years in prison and a fine up to $2,500.
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