What is an Assault & Battery on a Police Officer?
Assault or assault and battery on a law enforcement officer is an extremely serious crime in Fairfax County Virginia. Virginia law sets out rules specifically for assaults and assaults and batteries that are inflicted on police officers and probation officers. In general, all elements are the same as those in regular assaults and assaults and batteries. An assault occurs when the defendant puts an officer in fear of eminent bodily harm. At its most basic level, an assault and battery occurs when the defendant intentionally touches a police officer in a harmful or offensive matter.
While a standard assault and battery is a misdemeanor, and assault and battery or assault against a law enforcement officer is Class 6 Felony. The punishment is up to 5 years in prison, with a fine that can reach $2,500. Critically, an assault and battery against a police officer carries a mandatory minimum of 6 months in jail. This mandatory minimum cannot be altered or suspended by a judge or jury. Simply put, a defendant convicted of an assault and battery against a police officer is going to be incarcerated for half a year.
What Do the Police Need to Prove?
There are some additional elementsthat must be proved in assault and battery against police officer cases. One key issue is whether the police can prove that the defendant knew that the victim was in fact a police officer. If the officer is in uniform, this will usually not be a problem. Moreover, the defendant can be convicted if he had reason to know, but did not know for certain, that the complaining witness was an officer. As well, the officer must be acting within the scope of his public duties. For example, an assault against an off duty police officer will not qualify for the increased punishment under the statute.
It’s important to remember that assault and battery includes offensive contacts as well as ones actually intended to harm. Famous cases include spitting on a police officer or pointing a laser pointer at a police officer’s eyeball. In each of these cases, a person can be convicted of an assault and battery against a police officer and sentenced to the mandatory minimum of 6 months in jail. However, the more common case is of course when an individual refuses to be taken into custody by the police for another matter and begins to struggle. Even worse, the Commonwealth can successfully charge an assault and battery against the defendant for each officer the defendant comes into contact with.
What Kind of Witnesses will the Commonwealth Have?
In many assault and battery cases involving the police as victims, the only witnesses are the officers themselves. This can cut either way for the defendant. Sometimes, judges and juries are partial to police officers. Because the police are seen as community protectors, judges and juries are likely to take any statements made by police officers as fact. On the other hand, the officer is invested in the case. It may be possible to convince a judge or jury that they cannot find the defendant guilty beyond a reasonable doubt merely on the word of the complaining witness.
