What You're Facing

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Assault and battery on a law enforcement officer is a Class 6 felony in Virginia, punishable by up to 5 years in prison with a mandatory minimum 6 months in jail. These charges are aggressively prosecuted, and the mandatory minimum gives prosecutors tremendous leverage.

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The problem? These charges are often overcharged. What should be resisting arrest or obstruction gets elevated to felony assault. Police respond to chaotic situations such as domestic incidents, traffic stops, mental health crises. Someone pulls away instinctively, reacts defensively, or tries to leave. Police interpret any contact as "assault," and prosecutors charge the felony.

 

Intent to cause bodily harm is required, but prosecutors and judges often gloss over it. Fear is not intent. Pulling away when grabbed is not intent to harm. But unless your attorney knows how to argue the intent element, you'll be convicted of a felony you didn't commit.

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Our Assault on Law Enforcement Results

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NOT GUILTY: Assault on Officer - Intent Never Proven

Our client was charged after making contact with an officer during a domestic incident. Body camera showed two open-hand swipes. No injuries, not even redness. He said "Get your effing hands off me" and immediately submitted to arrest. On the way to the police car, he expressed genuine surprise: "I punched you in the face? Seriously?" We showed the jury his intent was to get the officer's hands off him, not to cause harm. The jury agreed. Not guilty. [Read Full Case Details →]

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NOT GUILTY: Assault on Officer - Fear and Instinct, Not Aggression

Our client was charged after a traffic stop escalated when the officer told her about a warrant and went to handcuff her. She instinctively pulled away and tried to leave, terrified and screaming "Help me!" The prosecution claimed she slapped the officer. Body camera showed pure fear and flight instinct, not aggression. No threats, no raised fists. The officer had zero injuries. We argued intent requires conscious choice, not panic. Not guilty. [Read Full Case Details →]

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Common Defenses To Assault on Law Enforcement Charges

 

Every case is unique, but the most common defense by far is that the contact with the officer was minor and doesn't establish the intent to commit bodily harm. In establishing that defense, we're often looking at the following factors:

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• Contact was reflexive, defensive, or accidental - not deliberate

• Instinct vs. intent: Pulling away or defensive movements aren't the same as intending to harm

• No contact or minimal contact: The officer has no injuries whatsoever 

• Fear and panic: Reaction driven by fear or mental health crisis, not aggression

• Overcharging: Should have been resisting arrest or a lesser charge

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Why Assault on Law Enforcement Cases Require Trial Experience

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These cases typically turn on body camera footage and intent. Prosecutors argue any contact equals intent to harm. Winning usually requires frame-by-frame footage analysis to show that reflex, instinct, and fear are not intent. Context such as mental health crises, confusion, and fear are critical, but juries won't hear it unless your attorney knows how to present it. 

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Read Actual Closing Argument Transcripts

 

Most criminal defense attorneys have never tried an assault on law enforcement case to verdict. We publish actual closing arguments so you can judge our work for yourself:

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Assault on Law Enforcement Trial - Not Guilty (Intent Never Proven) [Read Transcript →]

Assault on Law Enforcement Trial - Not Guilty (Fear and Instinct Defense) [Read Transcript →]

 

Facing Assault on Law Enforcement Charges in Virginia Beach or Hampton Roads?

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These convictions mean a permanent felony record and mandatory jail time. When the charge is based on reflex or overcharging, not actual intent to harm, you need attorneys who know how to fight. Call us at 757-961-3311 or fill out the online form below for a free, confidential consultation. Everything you tell us is protected by attorney-client privilege.