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Virginia Assaulting Police Officer Charge
Assaulting a Police Officer in Virginia is a Felony
Assaulting a police officer in Virginia is threatening a police officer with a harmful or offensive contact (a battery). The offender does not need to harm or even touch the police officer to be convicted of a Virginia Assaulting Police 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 (harmful or offensive touching done without justification), then he can be convicted of Assault on a Police Officer in Virginia.
Click here for more information on an assault in Virginia.
Click here for more information on a battery in Virginia.
Proof of Virginia Assaulting Police Officer Charge
To convict an offender of Assaulting a Police Officer under Va. Code §18.2-57(C), the Commonwealth must prove that the offender:
- threatened harm
- to someone he knew or should have known
- was a police officer
- engaged in his public duties
Penalties for Virginia Assaulting Police Officer Charge
Assaulting a police officer in Virginia is 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.
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