Fredericksburg Assault on an Officer Lawyer
Assault and battery on a law enforcement officer is a special sub-section of Virginia Code Section 18.2-57. When someone is found guilty of assault and battery and the person who is classified as a law enforcement officer acting or in the performance of their official duties, the person faces an aggravated offense of assault and battery on a law enforcement officer.
The code defines law enforcement officers, what it means to be acting on their official duties, and what assault and battery is. If all these elements are met, a person could be found guilty of the aggravated offense. Instead of being a Class 1 misdemeanor, assault and battery on a law enforcement officer is a Class 6 felony with an additional enhanced penalty. The person is going to need to be prepared to fight the charge which is why the help of a Fredericksburg assault on an officer lawyer can be a great asset. Police officers are going to want them to go to jail, and an experienced defense attorney can work to build a strong case against their charges.
Who is Considered to Be an Officer by this Law?
Fredericksburg assault law defines a law enforcement officer for purposes of the statute. Typically, it is anyone in uniform or acting in their official duties. An undercover officer is an officer who is not in uniform. Law enforcement officers also include crossing guards, school resource officers, officers at the correction center, rescue workers, court officials, and other folks who work in a law enforcement capacity and are not typical police officers on the street.
Specific Examples of Law Enforcement
One specific example of the assault on a law enforcement officer is when someone uses force to resist arrest and starts throwing punches or taking out officers. Other examples are when violence occurs during a chase or when someone targets an officer to be a victim of violence. They may push an officer, slam the officer’s hands in the door, or do something to injure a law enforcement officer.
Assault and battery on a law enforcement officer is one of the more serious simple assault charges in Virginia. In addition to being a felony, it carries a mandatory minimum period of incarceration of six months.
Penalties for Assault of an Officer
Penalties for assault on a law enforcement officer are the same as for any Class 6 felony: one to five years in prison or up to 12 months in jail, and a fine of up to $2,500 if the person receives the jail sentence. In addition, there are court costs and other special penalties. When someone is found guilty of assault and battery on a law enforcement officer and given a significant sentence, they may also receive probation, supervision requirements, and things of that nature.
Benefits of an Attorney
The council of a Fredericksburg assault on an officer lawyer can be indispensable if you have been charged with assaulting law enforcement. The penalties for assaulting officers are typically harsher and the accompanying stigma can add difficulty to your life moving forward. Having a reputation for getting violent with officers can hinder access to opportunities and police officer’s will be more wary of you, should they come into contact with you. However, if you reach out to a determined defense attorney, you can rest assured that they can fight for you.
