Assault on a Police Officer

This Charge is a class six felony that carries 1 year up to 5 years imprisonment and a minimum mandatory period of incarceration of not less than 6 months. Assault on a Police Officer is the same charge as simple assault and battery with the exception that it is done to a police officer in the performance of his or her official duties. It is not necessary that the officer actually be injured.

Because the charge involves potential injury to a police officer the prosecution is very diligent in pursuing a conviction. The Commonwealth of Virginia is very protective of police and fire personnel.

Depending on the circumstances these cases can present available defenses such as self-defense or a defense of not knowing the individual was in fact a police officer, but more often these cases lend themselves to a negotiated settlement of a lesser charge of simple assault which may eliminate or reduce any incarceration.

It is suggested you consult an attorney to discuss the particular circumstances of your case and determine the best course of action in the resolution of your case.