Assault on a law enforcement officer is a very serious charge that is often prosecuted as seriously as possible and punished severly. Due to this attitude, anyone accused of assaulting an officer or any other member of the protected class of individuals such as ambulance workers or judges, should consult with a Spotsylvania assault on an officer lawyer as soon as possible to build a defense.
A defense attorney experienced with these types of charges can assist in building a defense and in ensuring that your rights were never violated during the arrest process or the criminal trial.
Assault on an officer is the same type as any other type of assault, except that the victim changes. For the reason of apprehension of imminent unwanted touching or bodily injury, the victim is somebody defined by the statute as an officer.
The law has a specific set of a ton of different people raised to this other kind of level of protection. These people are judges, special agents under the Department of Alcohol Beverage Control or the Department of Motor Vehicles, fire marshals, auxiliary deputy sheriffs, among others. There is a list of 30 different people covered under this special definition under assault and battery under Virginia law, who if allegedlly assaulted could result in more serious penalties making it important that a Spotsylvania assault on an officer attorney is consulted.
Assault on an officer is much more serious. It raises it to a felony charge and if the person is convicted, there is a mandatory minimum of six months in jail for a felony conviction making it imperative that a Spotsylvania assault on an officer lawyer is contacted.
Because there is a mandatory minimum of six months for somebody accused of assault on a police officer, it makes a lot of people wary of going to trial because there is so much at stake. Often prosecutors will offer something where the charge is amended, such as no mandatory minimum time. A lot of people want to take that deal, because they are afraid of going to trial and getting a conviction that would result in six months of time in jail. Since it is a felony offense, a person does not pay good time for that. The person does not surpass that. He or she does not get out early as long as six months that the person would be serving in jail if he or she is convicted, so it makes people afraid to go to trial.
They need to prove that they are an officer and that they were engaged in the course of their duties at the time of the incident. Then they need to prove the same things for any assault and battery, which is the reasonable apprehension of unwanted imminent bodily injury for physical contact. A Spotsylvania assault on an officer lawyer, however, can assist in defending against these accusations and mitigating any related damage.
They are felony offenses and heard in the same way that felonies are heard, which means that there is a preliminary hearing in general district to decide whether or not there is enough evidence to go forward to circuit court with the case and on to a trial. Once it is in the circuit court, it will be heard either by a judge or jury the first time.
Body cameras do not exist in Spotsylvania. They do not exist anywhere in Northern Virginia. If Virginia had body cameras it would prove effective for these cases, because often the officer’s word is taken as the truth and it is hard for a defendant to contradict what an officer says, particularly that this action reasonably caused this response. If it was captured on a body camera, it would help these types of cases, but it does not exist anywhere in Northern Virginia, including Spotsylvania.
The cross-examination is the number one tool that defense attorneys have in these types of cases. Cross-examining the officer and then the other witnesses can be useful to the defense. If there is another video outside of that trooper vehicle video, like businesses that have videos in that area, Spotsylvania assault on an officer attorneys will use it as contradictory evidence to cross-examine the officer and present on behalf of their client.
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