Felony Assault & Battery, Assault on Police Officer

Assault and Battery on Law Enforcement Officer (LEO) in Virginia

Virginia laws, like most other states, increase the penalties associated for many criminal acts when they are committed against government officials, such as police officers, judges, or medical personnel. The charge of simple assault and battery is a misdemeanor criminal charge in Virginia. If the charge is assault and battery against a law enforcement officer (LEO), it is elevated to a felony charge with a mandatory minimum sentence of six months in prison.

To be charged with assault and battery against a police officer, like simple assault and battery, there only has to be an unwanted touching. While many of these charges involve more aggravated acts such as punching or kicking a police officer, the charge can be based on any other relatively minor physical contact such as trying to push by a police officer, or grabbing an officer by the arm.

The majority of charges for assault against law enforcement are against uniformed officers. However, someone can be charged with the felony offense of an officer who is not in uniform if the person knows or should know that person to be an officer, and that officer is engaged in their official duties.

In addition to police officers, the assault and battery against the following individuals is also a felony charge:

  • judges
  • correctional officer
  • Department of Corrections employees
  • firefighters (including volunteers)
  • rescue squad personnel

How Can A Criminal Attorney Help?

Many of these charges stem from alcohol related offenses where the individual has no recollection of the event. A criminal defense attorney may be able to have a felony assault and battery charge reduced to a misdemeanor offense, provided they have a clean record and there were no injuries to the police officer or other protected class of individuals.

Getting these charges reduced or dismissed takes a skilled negotiator who knows the officers and prosecutors. Contact Garrett Law Group, PLC today for a free consultation about your case. (757) 422-4646. Our attorneys are available to speak with you 24/7/365.