What Is Virginia Code 18.2-57 And The Punishment Lawyers Assaulting Officer

Have you been charged with Virginia Code 18.2-57 and wondering what the punishment is in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with Virginia Code 18.2-57 and wondering what the punishment is in Virginia?

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Rutherford v. Commonwealth

Facts:

Appellant, convicted by the Circuit Court of Loudoun, Virginia, of assaulting a police officer, appealed contending that what the trial judge answered a jury question in a manner that was inconsistent with the specific intent requirement of the assault statute under which he was convicted.

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What Is Virginia Code 18.2-57 And The Punishment Lawyers Assaulting Officer

What Is Virginia Code 18.2-57 And The Punishment Lawyers Assaulting Officer

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 18.2-57(C) does not require proof that the accused intentionally selected the victim as does a violation of Va. Code Ann. § 18.2-57(A), (B). A person violates § 18.2-57(C) if he commits an assault or an assault and battery against another person, knowing or having reason to know that the other person is a law enforcement officer engaged in the performance of his public duties. Nothing in the language of § 18.2-57(C) indicates a desire by the legislature to mitigate the offense if an officer is accidentally assaulted by the accused striking out in general.
  • Under Va. Code Ann. § 18.2-57(B), punishment for assault and battery is enhanced if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.