As defined by Fairfax law, an assault on a law enforcement officer could be any action that may put a law enforcement officer who is been identified as such – whether by their uniform, badge, or announcement – in reasonable fear of imminent harm or unwanted touching.
Various classes of people could be considered to be officers and therefore protected under this law, including law enforcement officers of any kind, such as police, sheriffs, judges, and/or rescue personnel. Since the charges that could come with this offense could lead to a charge as serious as a felony, contacting a Fairfax assault on an officer lawyer could help your case. Contact a skilled assault attorney today for a free consultation.
Assault on a law enforcement officer is a serious charge and could be classified as a Class 6 felony. This could potentially carry up to five years in prison. Other assault charges may only be considered misdemeanors, which could lessen the consequences for the defendant.
A Fairfax assault on an officer lawyer may know the differences in charges, particularly as a result of state law. The code of Virginia may have specifically identified law enforcement officers and personnel such as judges, magistrates, correctional officers as a protected group of people.
Specific cases in which somebody could be charged with assault and battery on a law enforcement officer could include:
All of these circumstances could be seen as a means for conviction in a Fairfax court.
Since this offense is considered as severe, a Fairfax assault on an officer lawyer may defend this case more fiercely than other assault charges. Many people look at law enforcement officers as working in a difficult and stressful position. The accusation of assaulting a law enforcement officer may be looked upon strictly by those involved in the criminal justice system, because of the relationship officers may have with the court.
The case could change if the alleged assault was committed on an officer outside the scope of their position. In order to be convicted of a felony of assault and battery of the law enforcement officer, the alleged assault had to have occurred while the officer was engaged in the performance of their duties.
A prosecutor may need to prove that the defendant put the officer in a reasonable fear of imminent harm of unwanted touching. They may also need to prove that the defendant either knew or had reason to know that the person assaulted was a law enforcement officer or other personnel performing duties as defined by the code of Virginia.
The evidence used by the prosecution could be as simple as the law enforcement officer’s own testimony, which may include body camera footage or medical evidence.
Body cameras might impact assault on officer cases because they often provide a more precise account than simple testimony could. With the potential of emotions interfering with testimony, body camera footage could serve as an objective measure of the events that allegedly occurred.
Although this could be used to show more evidence of an incident that occurred, it also has downfalls such as not capturing the alleged assault on camera, especially in a close range of incidents.
A defense could become available if the prosecution fails to prove the elements of the alleged offense. A Fairfax assault on an officer lawyer may know a way to further prove your innocence and protect your reputation. Reach out to a skilled assault attorney who could fight tirelessly in your defense today.