In Virginia, while simple assault is usually classified as a misdemeanor, assaulting a police officer is much more severe. According to Section 18.2-57(c) of the Code of Virginia, assaulting or battering a law enforcement officer is considered a Class 6 felony. Prosecutors aggressively pursue this crime because it targets those who enforce the law.
If you’re facing charges of assault on a police officer, it’s crucial to seek help from an experienced Virginia APO attorney. They can explain what you’re being charged with and guide you on the best defense strategies. A knowledgeable attorney can explain what’s happening with your charges options and work towards minimizing the long-term impact of a conviction.
What is Considered Assault on a Police Officer?
To be found guilty of assaulting a police officer, the state must prove that:
- You assaulted the police officer.
- You knew or should have known that the victim was a police officer or other sworn law enforcement officer at the time of the assault.
- The police officer was performing their official duties when the assault occurred.
Under this statute, assault is defined as an “overt act” intended to harm the officer or make them fear imminent harm. An overt act is a clear and obvious action that shows intent to commit a crime.
The defendant must also have the “present ability” to cause harm, meaning the officer believed you could follow through on the threat. Present ability means the individual had the capacity to carry out the assault at that specific time. For example, pointing a loaded gun at someone is an overt act demonstrating present ability to cause harm.
If the assault includes any physical contact, it can be charged as assault and battery. Simple assault typically involves threatening to harm someone or placing them in fear of imminent harm, but there is no physical contact. Assault and battery involve both the threat and the actual physical contact.
How Much Jail Time for Assault on a Police Officer?
In Virginia, if convicted of this offense, you could face one to five years in prison (or six to 12 months in jail) and a fine of up to $2,500. A minimum jail sentence of six months for any conviction is also mandatory. If the officer is significantly injured, sentences can be harsher, potentially leading to the maximum prison term.
The different things that can be considered assault are broad. Even mimicking a gun with your finger and pointing it at an officer can result in an APO charge. Spitting on a police officer can also result in assault and battery charges. This statute also covers judges, firefighters, correctional officers, and emergency medical technicians (EMTs).
Assault on a Federal Law Enforcement Officer
Under 18 U.S. Code Section 111, it’s a crime to forcibly assault a federal law enforcement officer while they are on duty or if they previously served as one. It includes any officer, agent, or employee of the United States authorized by law or a government agency to handle the prevention, detection, investigation, or prosecution of federal criminal law violations.
A simple assault can result in up to one year in federal prison. If the assault includes battery, the penalty can be a fine and up to eight years in prison. However, in exceptional circumstances, this time can be increased. If the assault involves a deadly or dangerous weapon and the officer is harmed, the penalty can be a fine, up to 20 years in prison, or both. These are not light consequences.
Contact an Experienced Virginia Criminal Lawyer
Attacking a police officer is a serious crime, but effective defenses are available. At The Law Offices of Krum, Gergely, & Oates, our experienced Virginia criminal defense attorneys know how to handle these cases. If you’re facing assault charges, you need a lawyer with expertise to defend you. Our team has a strong history of success in Virginia, and we are unwaveringly dedicated to protecting your rights and helping you steer clear of the severe consequences of a conviction. Whether you, a friend, or a family member are dealing with these charges, contact us for a free case evaluation. We’ll discuss your situation and explore the best options for a strong defense.
