imported post
peter nap wrote:
Especially since it's a felony!
From "felony assault on a police officer" 18.2-57(C)
C. In addition, if any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a law-enforcement officer as defined hereinafter, a correctional officer as defined in §
53.1-1, a person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department, a firefighter as defined in § 65.2-102, or a volunteer firefighter or lifesaving or rescue squad member who is a member of a bona fide volunteer fire department or volunteer rescue or emergency medical squad regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or members as employees, engaged in the performance of his public duties, such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.
Nothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.
"Law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office which is part of or administered by the Commonwealth or any political subdivision thereof,
who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this Commonwealth...
That last section gets me. Are they exempt only at the time during which they are engaged in their duties as the text seems to imply?
Similarly, if instigated by the officer, off-duty, in an aggressive and patently confrontational manner, a strong argument could be made for self-defense. At least under VA law... cops are people, too. Sort of.
