Treatment of Assault on an Officer Court Cases in Richmond
When a person is charged with assaulting a law enforcement officer, the person is likely going to be prosecuted to the fullest extent of the law. The treatment of assault on an officer court cases in Richmond is such that the cases are not taken lightly. The Commonwealth attorney’s office has a policy, but generally, they protect their officers. It is imperative to them to make sure that their officers are treated fairly and not disrespected.
It is also important for prosecutors to protect their relationship between the police department and the Commonwealth attorney’s office. If the police department is coming to them with people who assault them and they let it go or offer them misdemeanor offenses and no jail time, then the police department will be upset and act accordingly when they are dealing with the Commonwealth attorney’s office.
The judge is going to make sure the officers are happy and protected. Thus, for a charge of assault on law enforcement, they are going to prosecute it to the fullest extent of the law. A person’s attorney needs to be ready to fight zealously and passionately to make sure that they are not receiving a false conviction for something and then given that six-month minimum jail sentence or more.
Unique Aspects of APO Charges
The treatment of assault on an officer court cases in Richmond differs from the treatment of most assault cases. They are misdemeanor offenses heard in a bench trial in the general district court. For an assault on a law enforcement officer, they are going to be felony trials heard in the circuit court.
A person does not have a right to a jury there. At the same time, whenever a person is dealing with an assault on a law enforcement officer, they are dealing with the unwritten rule of ultimate belief, meaning that judges and especially juries believe that whatever an officer says is true no matter what. If an officer were to walk into court and say something untrue everyone would generally take the officer at their word.
Law Enforcement’s Influence on the Jury
People will believe law enforcement because of the societal relationship that citizens have with police officers and the belief that officers are leaders in the community. They have been conditioned to believe that a police officer is not going to lie to them or tell them something that is untrue. Law enforcement is supposed to be here to protect citizens and that is what they do.
Since people are conditioned that way, whenever a person is having a trial involving these protected officials, it is imperative that they understand going in that what comes out of the officer’s mouth is going to be treated as if it is the objective truth until they refute it with evidence the jury or judge can see. Generally, when dealing with a trial on assaulting a law enforcement officer, the road will be tougher because there is that added implication that an officer would not lie, especially about something that happened to them.
Role of an Attorney
The treatment of assault on an officer court cases in Richmond can skew favorably towards law enforcement which is why it is so important to have the guidance of a determined assault attorney. Although the penalties for assaulting an officer can be harsh, a skilled lawyer can help mitigate these charges. A local attorney is also more likely to have a cordial relationship with law enforcement, prosecutors, and judges, which can be of great assistance in cases involving the assault of an officer. If you have been charged with assaulting an officer, contact a lawyer.
