While simple assault in Virginia is typically classified as a misdemeanor, assaulting a police officer (APO) is a Class 6 felony under Section 18.2-57(C) of the Virginia Code. Prosecutors treat these cases with great seriousness, as crimes involving law enforcement are considered particularly grave. A conviction for APO can lead to significant consequences, including a lengthy prison sentence and lasting legal repercussions. If you are facing an assault on a police officer charge, it is crucial to seek legal guidance from an experienced criminal defense attorney at The Marquis Law Group to discuss potential defense strategies.
What Constitutes Assault on a Police Officer?
In order to secure a conviction for APO, the prosecution must prove the following elements:
- You committed an assault against a police officer.
- You knew or should have known that the victim was a sworn law enforcement officer.
- The officer was on duty at the time of the incident.
Under Virginia law, assault is defined as an “overt act” intended to cause bodily harm or to place the officer in fear of imminent harm. If physical contact occurs, the charge can escalate to assault and battery. Even actions like pointing a finger as if it were a gun at an officer or spitting on them can lead to assault on a police officer charges. This law also extends to judges, firefighters, correctional officers, and EMTs.
Penalties for APO in Virginia
If convicted of assaulting a police officer, the penalties are severe and may include:
- 1 to 5 years in prison (with the possibility of 6 to 12 months in jail at the court’s discretion, but at least six months in jail is required by law).
- Fines of up to $2,500.
- In cases where the officer suffers a serious injury, the court may impose harsher penalties, potentially resulting in the maximum prison term.
Assault on a Federal Law Enforcement Officer
In addition to state laws, under 18 U.S. Code Section 111, it is a federal offense to assault a federal law enforcement officer while they are performing official duties. The penalties for this crime are as follows:
- Up to 1 year in federal prison for simple assault.
- Up to 8 years in prison for assault and battery.
- Up to 20 years in prison if a deadly weapon is used during the assault.
Defending Against APO Charges
Hitting or attacking a police officer is a serious crime, but there are legal defenses that may reduce the likelihood of conviction or minimize penalties. A skilled defense lawyer can challenge the prosecution’s evidence, raise issues such as self-defense, and work to have charges dismissed or reduced.
At Marquis Law Group, we have extensive experience defending clients against criminal charges in Virginia. If you or a loved one is facing charges for assaulting a police officer, don’t wait—call us today at 703-777-6161 for a consultation. Let us help protect your rights and future.
