Felony Assault On Law Enforcement

In Virginia Assault on an Officer is viewed as a more as a more serious offense 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. We all know that police officers have a difficult job and that they often overstep their bounds without legal justification. These incidents as of late have been playing out in the news for all to see.

Therefore prosecutors and judges must accept that on occasion, law enforcement officers show a lack of professionalism, respect or common sense, and as a result a conflict ensues with an arrestee. It is unfortunate that the citizen being arrested is always blamed for any problem that occurs during an arrest; without proof — or even with videotaped evidence — an experienced and tenacious trial attorney is needed to protect the rights of that 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 Dorsk Law Office, Plc., in Newport News and Norfolk, Virginia, we have years of experience with both types of charges.

SHOULD I FIGHT THE CASE?

At Dorsk Law Office, we have unparalleled experience in going up against the cops at trial and also will negotiate a fair deal when necessary. We will guide you in the right direction and notify you of your rights as guaranteed under the Constitution:
 
  • An individual has the right to resist an illegal arrest by an officer
  • If accused of resisting arrest or obstruction of justice it must be proven beyond a reasonable doubt
  • A person who was handcuffed, placed in a squad car or detained in a way that exacerbated a medical condition has the right to resist
  • Police cannot beat you without just cause!

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.

Contact Us | Free Consultation Regarding All Criminal Cases

Dorsk Law Office, PLC, For A Free, Confidential Consultation About Your Criminal Matter. Call 757-423-0271 In Newport News Or Norfolk.