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.

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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.

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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.

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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.

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Dorsk Law Office, PLC, Call today to discuss your case, Confidential Consultation About Your Criminal Matter. Call 757-423-0271 

In Newport News Or Norfolk.