Virginia Beach Assault on an Officer Lawyer

Assault is a very serious charge, but assault on an officer carries more serious charges. If you or a loved on have been charged with assault on an officer please contact an experienced Virginia Beach assault lawyer. A Virginia Beach assault on an officer lawyer can assist you in defending your rights within the legal system and ensure you know what to expect at each step of the legal process.

Legal Definition of Assault on an Officer

Assault on an officer is when someone makes hostile contact with somebody who has identified themselves as law enforcement and he or she knows they are law enforcement.

In order to prove that an officer was assaulted, Virginia Beach prosecutors must show that there was an assault and battery and that the officer was in uniform or had a badge present and/or was easily identifiable as a police officer and was doing his or job as a police officer when attacked. The main thing used as testimony is from the police officer. If they have body cam footage, that can also be used.

Who Qualifies as an Officer in Virginia Beach?

As a Virginia Beach assault on an officer lawyer can explain, police, firemen, and/or anyone with a badge will be considered officers. In addition, courtroom personnel is also considered law enforcement and medical personnel are considered law enforcement, as well under that statute.

Common Scenarios Where This Offense Occurs

Usually, assault on an officer happens when the officer is trying to make an arrest and someone decides that they are going to resist that arrest, and during the course of the arrest, they push or attack the officer.

Being charged with assaulting an officer is not something that happens often but it is something that is taken very seriously because authorities do not want to encourage people to attack law enforcement officers who are trying to do their job.

Assaulting an Officer Penalties

If someone is convicted of assault on an officer, it is a felony and carries a mandatory six-month prison sentence. These charges tend to be prosecuted very seriously. Officers are supposed to enforce the law and if someone tries to stop them from doing that, the courts will look upon you very unfavorably.

Assault on an officer is a felony that carries a maximum of five years in prison and has a mandatory minimum of six months in jail. If someone is convicted, the judge is going to give him or her six months and the judge cannot suspend that.

If an officer is assaulted while off-duty and he or she is not identifying as a police officer, it would no longer be considered an assault on a law enforcement officer because part of the charge is that the officer has to be conducting their duties in the pursuit of law enforcement.

Contact an Assault on an Officer Attorney Today

Being arrested is a bad enough situation to find yourself in. However, in the process of being arrested, if the arrest turns violent you could find yourself also facing assault on an officer charges, which Virginia Beach prosecutors will treat very seriously.

If you are currently facing such charges, do not hesitate to contact one of our experienced Virginia Beach assault on an officer lawyers, who can begin building the most robust defense possible and get the best possible result for you.