A person can expect that this kind of charge will be prosecuted as vigorously if not more vigorously than almost any charge that a person can face. Prosecutors often have close working relationships with law enforcement officers and in most cases feel very motivated to punish to the fullest extent anyone who commits any kind of crime where a law enforcement officer is a victim and certainly a violent crime where a police officer has been injured.
So, a person should anticipate in this kind of case that they’re going to ultimately be trying the case or that they’re going to be offered terms by the Commonwealth which are very severe. This is an extremely serious circumstance for someone to find themselves in and it is therefore imperative that a Culpeper assault on an officer lawyer is contacted as soon as possible.
Assault on an officer almost always involves a scenario where police are attempting to stop someone or attempting to arrest someone and the individual resists arrest and in the course of the arrest injures one of the officers.
Now, not every case where a person resists arrest ends up being assault on an officer and in fact if police are making an illegal arrest, that will be a defense to the charge of assaulting a police officer.
But, the vast majority of these cases do involve an officer or corrections officer in a jail being injured in the course of attempting to subdue or arrest or otherwise bring in the person who is accused.
Assault on a police officer is a class 6 felony so it’s punishable by up five years in jail and a $2,500 fine.
Assault on police officer charges are always heard in the Culpeper County Circuit Court because they are felonies. If a person is charged directly and indicted by a grand jury, then the entirely of their case is heard in the Circuit Court. If they are arrested on a warrant that was issued by a magistrate judge, their cases will begin in either the General District Court or if they or the victim are a juvenile or the victim is a family member, it will begin in the Juvenile and Domestic Relations Court.
In either of these Courts, there will be a preliminary hearing to determine whether there is probable cause for the case to go forward and if there is, the case is sent to the Circuit Court for trial.
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