Assault and Battery of Police Officer in Virginia

Virginia Code section 18.2-57 prohibits assaults against third persons. Subsection (C) provides for an enhanced punishment if the person assaulted is a police officer.

Most assault charges are punished as Class 1 misdemeanor unless a police officer is assaulted. If the police officer is a victim of an assault, it rises to the level of Class 6 felony, which means a term of imprisonment of not less than 1, nor more than 5 years.

However, a person convicted of assaulting a police officer MUST receive a mandatory minimum sentence of 6 months in prison. In other words, even if the court or jury believes the assault of the police officer is not severe, the minimum sentence that MUST be imposed is 6 months incarceration.

The line between assaulting a police officer and simply resisting arrest can be blurred, but as many people find, the punishment for assaulting an officer is very severe.

If you, a friend or a loved one desires further information on this topic, please contact us for a free consultation.