77627718.2-57Virginia Decodedhttps://vacode.org2016Crimes And Offenses GenerallyCrimes Against The PersonAssaults And Bodily WoundingsAssault and battery; penalty1975, cc. 14, 15; 1994, c. 658; 1997, c. 833; 1999, cc. 771, 1036; 2000, cc. 288, 682; 2001, c. 129; 2002, c. 817; 2004, cc. 420, 461; 2006, cc. 270, 709, 829; 2008, c. 460; 2009, c. 257; 2011, cc. 230, 233, 374; 2013, cc. 698, 707, 711, 748, 782; 2014, cc. 663, 714; 2015, cc. 38, 196, 730; 2016, c. 420.Edwards v. Com.2846011589 S.E.2d 4442003-12-09https://www.courtlistener.com/opinion/1064059/edwards-v-com/ . . . law enforcement officer, in violation of Code § 18.2-57, in addition to the indicted offenses of . . . <abbr title="Court of Appeals">COA</abbr>Harrell v. Com.Record No. 0541-88-1396 S.E.2d 6801990-09-04https://www.courtlistener.com/opinion/1314457/harrell-v-com/ . . . simple assault or battery, then because of Code § 18.2-57, every person composing the mob becomes . . . <abbr title="Court of Appeals">COA</abbr>Zimmerman v. Com.022359585 S.E.2d 5382003-09-12https://www.courtlistener.com/opinion/1059182/zimmerman-v-com/ . . . performance of his public duties, in violation of Code § 18.2-57(C), and for operating a motor . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Wynn v. Com.Record No. 1542-85362 S.E.2d 1931987-11-17https://www.courtlistener.com/opinion/1239502/wynn-v-com/ . . . included offense of assault in violation of Code § 18.2-57.1. The trial court refused to admit . . . <abbr title="Court of Appeals">COA</abbr>Rowe v. Com.081173675 S.E.2d 1612009-04-17https://www.courtlistener.com/opinion/1058350/rowe-v-com/ . . . battery of a police officer pursuant to Code § 18.2-57(C). . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Mitchem v. Counts990399523 S.E.2d 2462000-01-14https://www.courtlistener.com/opinion/1059673/mitchem-v-counts/ . . . support of her claim, including the VHRA and Code §§ 18.2-57, -344, and -345.[2] . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Rickman v. Com.2265993535 S.E.2d 1872000-10-10https://www.courtlistener.com/opinion/1065471/rickman-v-com/ . . . serious than assault on a stranger. See Code §§ 18.2-57, 18.2-57.2.[1] . . . <abbr title="Court of Appeals">COA</abbr>United States v. Kellam07-4863568 F.3d 1252009-06-03https://www.courtlistener.com/opinion/1029025/united-states-v-kellam/ . . . marijuana possession); see also Va.Code Ann. § 18.2-57 (designating assault or battery on officer . . . Court of Appeals for the Fourth CircuitCarter v. Com.040939606 S.E.2d 8392005-01-14https://www.courtlistener.com/opinion/1059008/carter-v-com/ . . . assault on a police officer in violation of Code § 18.2-57(C). In this appeal, he challenges his . . . <abbr title="Supreme Court of Virginia">SCV</abbr>South v. Com.2209041623 S.E.2d 4192005-12-20https://www.courtlistener.com/opinion/1063333/south-v-com/ . . . under Code § 18.2-57(A).[1] . . . <abbr title="Court of Appeals">COA</abbr>Edwards v. Com.2846011589 S.E.2d 4442003-12-09https://www.courtlistener.com/opinion/1064059/edwards-v-com/ . . . law enforcement officer, in violation of Code § 18.2-57, in addition to the indicted offenses of . . . <abbr title="Court of Appeals">COA</abbr>Harrell v. Com.Record No. 0541-88-1396 S.E.2d 6801990-09-04https://www.courtlistener.com/opinion/1314457/harrell-v-com/ . . . simple assault or battery, then because of Code § 18.2-57, every person composing the mob becomes . . . <abbr title="Court of Appeals">COA</abbr>Zimmerman v. Com.022359585 S.E.2d 5382003-09-12https://www.courtlistener.com/opinion/1059182/zimmerman-v-com/ . . . performance of his public duties, in violation of Code § 18.2-57(C), and for operating a motor . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Wynn v. Com.Record No. 1542-85362 S.E.2d 1931987-11-17https://www.courtlistener.com/opinion/1239502/wynn-v-com/ . . . included offense of assault in violation of Code § 18.2-57.1. The trial court refused to admit . . . <abbr title="Court of Appeals">COA</abbr>Rowe v. Com.081173675 S.E.2d 1612009-04-17https://www.courtlistener.com/opinion/1058350/rowe-v-com/ . . . battery of a police officer pursuant to Code § 18.2-57(C). . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Mitchem v. Counts990399523 S.E.2d 2462000-01-14https://www.courtlistener.com/opinion/1059673/mitchem-v-counts/ . . . support of her claim, including the VHRA and Code §§ 18.2-57, -344, and -345.[2] . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Rickman v. Com.2265993535 S.E.2d 1872000-10-10https://www.courtlistener.com/opinion/1065471/rickman-v-com/ . . . serious than assault on a stranger. See Code §§ 18.2-57, 18.2-57.2.[1] . . . <abbr title="Court of Appeals">COA</abbr>United States v. Kellam07-4863568 F.3d 1252009-06-03https://www.courtlistener.com/opinion/1029025/united-states-v-kellam/ . . . marijuana possession); see also Va.Code Ann. § 18.2-57 (designating assault or battery on officer . . . Court of Appeals for the Fourth CircuitCarter v. Com.040939606 S.E.2d 8392005-01-14https://www.courtlistener.com/opinion/1059008/carter-v-com/ . . . assault on a police officer in violation of Code § 18.2-57(C). In this appeal, he challenges his . . . <abbr title="Supreme Court of Virginia">SCV</abbr>South v. Com.2209041623 S.E.2d 4192005-12-20https://www.courtlistener.com/opinion/1063333/south-v-com/ . . . under Code § 18.2-57(A).[1] . . . <abbr title="Court of Appeals">COA</abbr>http://law.lis.virginia.gov/vacode/18.2-57/10.1-115Appointment of conservation officers; qualifications; oath/10.1-115/15.2-1603Appointment of deputies; their powers; how removed/15.2-1603/15.2-1731Establishment, etc., authorized; powers, authority and immunities generally/15.2-1731/15.2-1733Appointment of auxiliary police officers; revocation of appointment; uniform; organization; rules and regulations/15.2-1733/17.1-105Designation of judges to hold courts and assist other judges/17.1-105/17.1-106Temporary recall of retired judges/17.1-106/17.1-109Judges pro tempore/17.1-109/18.2-308.1Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty/18.2-308.1/27-30Appointment of fire marshal/27-30/27-34.2Power to arrest, to procure and serve warrants and to issue summons; limitation on authority/27-34.2/27-34.2:1Police powers of fire marshals/27-34.2:1/29.1-200Appointment of conservation police officers/29.1-200/46.2-217Enforcement of laws by Commissioner; authority of officers/46.2-217/5.1-158Police/5.1-158/53.1-1Definitions/53.1-1/53.1-10Powers and duties of Director/53.1-10/65.2-102Coverage of firefighters and law-enforcement officers in off-duty capacity/65.2-102/8.01-581.1Definitions/8.01-581.1//18.2-57/18.2/4/4/18.2-5716.1-278.816.1-309.117.1-80518.2-46.118.2-57.0118.2-57.0218.2-57.319.2-11.0119.2-29937.2-408.137.2-41637.2-50663.2-172063.2-1720.163.2-172163.2-172163.2-172363.2-172663.2-901.1Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.sectionAA1However, if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, color or national origin, the person is guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.sectionBB1In 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 magistrate, a law-enforcement officer as defined in subsection F, a correctional officer as defined in § 53.1-1, a person directly involved in the care, treatment, or supervision of inmates in the custody of the Department of Corrections or an employee of a local or regional correctional facility directly involved in the care, treatment, or supervision of inmates in the custody of the facility, a person directly involved in the care, treatment, or supervision of persons in the custody of or under the supervision of the Department of Juvenile Justice, an employee or other individual who provides control, care, or treatment of sexually violent predators committed to the custody of the Department of Behavioral Health and Developmental Services, a firefighter as defined in § 65.2-102, or a volunteer firefighter or any emergency medical services personnel member who is employed by or is a volunteer of an emergency medical services agency or as a member of a bona fide volunteer fire department or volunteer emergency medical services agency, regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or emergency medical services personnel as employees, engaged in the performance of his public duties anywhere in the Commonwealth, 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.sectionCC1In addition, if any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time employee of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he is guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement. However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to § 18.2-308.1, the person shall serve a mandatory minimum sentence of confinement of six months.sectionDD1In addition, any person who commits a battery against another knowing or having reason to know that such individual is a health care provider as defined in § 8.01-581.1 who is engaged in the performance of his duties as an emergency health care provider in an emergency room of a hospital or clinic or on the premises of any other facility rendering emergency medical care is guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, shall include a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.sectionEE1