Virginia Law on Felony Assault on a Law Enforcement Officer: Va. Code § 18.2-57(c)

What is felony assault on a law enforcement?

This assault is the same conduct as a misdemeanor Assault & Battery described here. However, 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…is guilty of a Class 6 Felony.

Va. Code § 18.2-57(c)

How is assault on a law enforcement punished?

Assault on a law enforcement officer is not a misdemeanor in Virginia. Instead it is punished as a class 6 felony. It also carries a mandatory minimum term of six months in jail.

What does the Commonwealth have to prove against you?

They have to prove two things against you—first, that an assault occurred and second, that you knew or had reason to know that the person you were assaulting was a police officer.

Should you hire an attorney?

Yes. As you can see the Commonwealth has a heavy burden to prove both aspects of the charge against you. There are many defenses to an assault charge against a police officer. You should contact an attorney who can assess the specific facts of your case and find defenses fit for your case. Our office has successfully defended clients against this charge and have gotten a range of results; from complete dismissal to bringing this charge down to a lesser misdemeanor. Contact our office today to get a free consultation.

Locations we serve: 

It is important for someone charged with felony assault on a police officer in Virginia to hire a criminal defense attorney who is close to the jurisdiction they are charged in. We are located right next to the Alexandria Courthouse and minutes away from Arlington, Fairfax, and Eastern District of Virginia (EDVA) courts. Our firm handles these cases in many locations throughout Northern Virginia such as: 

Alexandria General District Court

Arlington General District Court

Fairfax County General District Court

Prince William County General District Court

Loudoun County General District Court

Eastern District of Virginia, Alexandria Court