Virginia Law on Felony Assault on a Law Enforcement Officer: Va. Code 18.2-57(c)
What is felony assault on a law enforcement in Virginia?
Virginia Assault on a Law Enforcement Officer is the same conduct as a misdemeanor Assault & Battery described here. Assault on a Law Enforcement Officer is more serious, because if a person commits an assault and battery against another knowing or having reason to know that such other person is a judge, a magistrate, a law-enforcement officer, a correctional officer, etc., they are guilty of a Class 6 Felony and there is a mandatory minimum term of six months in jail. See Va. Code § 18.2-57(c).
This is a serious offense, but the conduct giving rise to the charge does not need to be particularly egregious or dangerous. Assault on a Law Enforcement Officer is commonly charged along with Obstruction, and can involve minimal conduct, even pushing, spitting, or slapping.
How is Assault on Law Enforcement punished?
Unlike simple assault, Assault on a Law Enforcement Officer is punished as a Class 6 Felony. It also carries a mandatory minimum term of six months in jail.
This means that no matter how minimal the conduct, the judge has to award at least six months of active incarceration. The judge cannot suspend this period of time, nor do you earn good time credit on it. This is a serious obstacle to many of the less serious Assault on Law Enforcement charges.
What does the Commonwealth have to prove against you?
The Prosecution has to prove two elements to convict someone of Assault on Law Enforcement. First, that an assault occurred. Second, that you knew or had reason to know that the person you were assaulting was a police officer or other protected individual.
Should you hire an attorney?
Yes, Assault on Law Enforcement is a felony offense with a serious mandatory minimum period of incarceration. There can be many defenses to an assault charge against a police officer, but each case turns on its particular facts. You should contact an attorney who can assess the specific facts of your case and find defenses fit for your case.
Our Virginia criminal defense attorney can help those accused of felony assault on Law Enforcement throughout Virginia including in the City of Alexandria, Arlington County, Fairfax County, and many other jurisdictions. Contact us today for a free consultation to learn how our Criminal Defense Attorneys can advocate for you in courts across Northern Virginia.
