How much time do you get for assaulting a police officer in Virginia?
If the assault is followed by any physical contact, it can be charged as assault and battery. If you are convicted for this offense in Virginia, your punishment could include a prison term of one to five years (or discretionary confinement in jail for six to 12 months) and/or a fine of up to $2,500.
Is it a felony to assault a police officer in Virginia?
Virginia Assault on a Police Officer Charges Under Virginia Code § 18.2-57, it is a Class 6 felony to commit an assault and battery on a law enforcement officer. Since a battery is any unwanted touching, these charges can be raised for any minor action of a suspect.
What is the sentence for hitting a police officer?
The maximum sentence for assault on a police officer is fifteen years, with a minimum sentence of three and a half years in prison, regardless of any prior convictions.
How much time do you get for assaulting a police officer?
Battery against an officer may be a misdemeanor (punishable by up to one year in jail) or a felony (punishable by one year or more in prison). The more serious the battery, the more harshly the crime is punished.
What is the statute of limitations on assault in Virginia?
Statutes of Limitations in Virginia
| Cause of Action | Statute |
|---|---|
| Assault and battery: 2 years | Va. Code § 8.01-243(A) (2020) |
| Contract (in writing): 3, 4, or 5 years | Va. Code § 8.01-246(2), (4) (2020); Va. Code § 8.2-725(1) (2020) |
| Contract (not in writing): 3 or 4 years | Va. Code § 8.01-246(4) (2020); Va. Code § 8.2-725(1) (2020) |
What is a simple assault charge in VA?
A simple assault (the most basic assault charge in Virginia) occurs when a person tries to commit a battery or attempts to place someone in fear of immediate injury by menacing them. Unlike a battery, assault doesn’t require any actual physical contact with another person.
Is assault a misdemeanor in Virginia?
Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or national origin.
How long do you have to press charges for assault in Virginia?
Statutes of limitations set time limits for the government to file charges in a criminal case. In Virginia, prosecutors have up to one year to file charges in most misdemeanor cases but can file felony charges at any time.
Why is assault on a police officer worse?
An ‘Assault on a Police Officer’ charge is different from other charges in that the government actually has to demonstrate that the victim suffered an injury. The court often finds it more offensive to assault an officer who is acting within his or her employment capacity by enforcing the law, in the community.
What happens if a cop car hits you?
When a police officer is driving a patrol car or driving on the job and causes an accident, the public entity is liable to the injured parties for damages. Depending on the law enforcement agency, the state, county, or city could be liable to pay for damages in the accident.
What is it called when you assault a police officer?
When an individual assaults law enforcement officials or firefighters, who are legally known as “peace officers” under California Penal Code Section 241(c), he or she faces stricter penalties than assault committed against other individuals.
What is the punishment for assault in Virginia?
Penalties for simple assault in Virginia are 0 to 12 months in jail, and a maximum $2,500 fine. And typically, the court will impose other sanctions such as no contact with the victim, no return to the place where the assault occurred, or anger management or mental health treatment and counseling.
Is assault on a police officer a felony in Virginia?
Virginia Assault on a Police Officer. Though simple assault in Virginia is a criminal misdemeanor, Section 18.2-57(c) of the Code of Virginia classifies assault and battery against a law enforcement officer as a Class 6 felony.
What is the punishment for assault and battery in Virginia?
If the assault is followed by any physical contact, it can be charged as assault and battery. If you are convicted for this offense in Virginia, your punishment could include a prison term of one to five years (or discretionary confinement in jail for six to 12 months) and/or a fine of up to $2,500.
What are the penalties for assaulting a law enforcement officer?
According to 18 U.S. Code Section 111, it is also a crime to forcibly assault a federal law enforcement officer who is performing his or her duties or who formerly served as a federal law enforcement officer. Simple assault can result in the guilty perpetrator receiving up to one year in a federal prison.
What do you need to know about assault on a police?
In order to be convicted of assault on a police officer, the state must prove that: You committed an assault against the complainant police officer; You knew – or had reason to know at the time of the assault – that the victim was a police or other sworn law enforcement officer; and.