Assault On A Police Officer And Resisting Arrest
In an effort to protect its police force, Virginia treats an assault on a police officer with a heightened penalty compared to the simple assault of an ordinary citizen. Assault on a police officer is a felony, punishable by a minimum mandatory period of six months’ incarceration. This is particularly troubling when considering that the difference between assault on a police officer and resisting arrest is hard to identify. Some arrests are illegal, while other arrests are handled with excessive force. Recent news events have shown this.
On occasion, law enforcement officers show a lack of professionalism, respect or common sense, and a conflict ensues with an arrestee. The problem is that the citizen being arrested is always blamed for any problem that occurs during an arrest; without proof — or even with videotaped evidence — aggressive legal representation may be necessary to defend the legal rights of the citizen.
Resisting arrest is a very common misdemeanor charge in Virginia. Being charged with assault on a police officer, a felony, is a more serious matter. At Weisberg & Weisberg, PLLC in Newport News , Virginia, we have extensive experience with both types of charges.
Should I Fight The Charges Or Negotiate A Favorable Result?
If you want to resolve your criminal case as smoothly as possible, you should discuss it with an experienced criminal defense attorney; you should not discuss your case with law enforcement personnel, who will always be interested in gathering evidence against a suspect. Our lawyers can assist you if your case involves:
- An individual who had the legal right to resist an illegal arrest by an officer
- A citizen accused of resisting arrest or obstruction of justice
- A person who was handcuffed, placed in a squad car or detained in a way that exacerbated a medical condition
- A traffic stop that led to an arrest for DUI, drug possession or another alleged offense
- A beating by police
Every case is different. In some situations, self-defense by an arrestee is justified. Virginia case law supports the idea that some contact during an arrest — even a legal arrest — is acceptable. Our attorneys can evaluate your case carefully to determine what defense is most viable for you.