Fredericksburg Assault on an Officer Lawyer
The severity of an assault on an officer charge is not something to be taken lightly. Having an experienced attorney on your side may make the difference between a successful defense and a felonious charge on your record. Contact a Fredericksburg assault on an officer lawyer today and see what an attorney may be able to do for you.
Assault on an Officer Defined
Whatever the specifics of a situation might be, to secure a conviction of assault on an officer the prosecution must demonstrate that an alleged assailant committed an act of assault or battery and that the alleged victim was an officer in the eyes of the law.
The most common instances of assault typically transpire when a fight takes place during an arrest. Equally, some assault on an officer charges happen when correctional facility members are assaulted while breaking up fights in county jails–being incarcerated does not omit someone from procuring and additional felonious charge.
Who is Defined as an Officer
All officers are protected under Section F of Virginia state law 18.2-57, the assault and battery statute.
However, what constitutes an officer is not simply limited to police and law enforcement. This statute encompasses all auxiliary law police and any officers working in correctional facilities, government enforcement agencies, as well as full-time special investigative members of the DMV.
An alleged assault on any official protected under this Virginia statute is typically punished by an enhanced penalty.
Severity of Assault on an Officer
An assault on a police officer is infinitely more serious than a simple misdemeanor assault because it is a felony charge and carries a mandatory six-month jail term and a maximum of five years in prison. While an assault on a law enforcement officer charge is a Class 6 felony, the lowest level of a felony, it carries the same potential burdens and penalties as any felony charge.
There is no way for someone to be found guilty of assaulting a law enforcement officer and not serve the mandatory minimum of six full months in jail. That person will also be guilty of a felony and will forever be branded a felon.
Having a felony means that a person will lose the rights to vote and carry a firearm. It will be very difficult for that person in some instances to receive student loans or secure other types of employment and, in some cases, to even have the required background checks for an apartment application.
Assaulting an Off-Duty Officer
In Virginia, an assault on a law enforcement officer is only an enhanced penalty for a felony if the law enforcement officer is performing their duty or if they are assaulted in the performance of their duty. If an alleged perpetrator were to have supposedly fought, harmed, our sought to harm an off-duty officer, then that person would not be charged with assaulting that officer.
Call a Fredericksburg Assault on an Officer Attorney
Having to face a felony charge is no laughing matter. The severity of an assault on an officer charge should not be taking lightly. If you have allegedly committed an assault on an officer, it may be best to speak with a Fredericksburg assault on an officer attorney as soon as you can.
Call an attorney today to see what your defense options may be.