Virginia criminal charge
Disarming a law-enforcement or correctional officer in Virginia
Disarming a law-enforcement or correctional officer is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-57.02. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-57.02.
What is the penalty for disarming a law-enforcement or correctional officer in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Disarming officer of chemical irritant or impact weapon — Applies when the weapon removed or deprived from the officer is a chemical irritant weapon or impact weapon.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Disarming officer of chemical irritant or impact weapon — Applies when the weapon removed or deprived from the officer is a chemical irritant weapon or impact weapon.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Disarming officer of firearm or stun weapon — Applies when the weapon removed or deprived from the officer is the officer's firearm or stun weapon.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Disarming officer of firearm or stun weapon — Applies when the weapon removed or deprived from the officer is the officer's firearm or stun weapon.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is disarming a law-enforcement or correctional officer classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Disarming officer of chemical irritant or impact weapon | Class 1 Misdemeanor | Applies when the weapon removed or deprived from the officer is a chemical irritant weapon or impact weapon. | Va. Code Ann. § 18.2-57.02undefined |
| Disarming officer of firearm or stun weapon | Class 6 Felony | Applies when the weapon removed or deprived from the officer is the officer's firearm or stun weapon. | Va. Code Ann. § 18.2-57.02undefined |
Common questions about disarming a law-enforcement or correctional officer in Virginia
Is disarming a law-enforcement or correctional officer a felony or a misdemeanor in Virginia?
It depends on the circumstances: disarming a law-enforcement or correctional officer ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-57.02.
Disarming officer of chemical irritant or impact weapon: class 1 misdemeanor (Va. Code Ann. § 18.2-57.02) · Disarming officer of firearm or stun weapon: class 6 felony (Va. Code Ann. § 18.2-57.02)
What are the penalties for disarming a law-enforcement or correctional officer in Virginia?
Penalties for disarming a law-enforcement or correctional officer in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 6 felony — with the ranges set by Va. Code Ann. § 18.2-11 and Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers disarming a law-enforcement or correctional officer?
Disarming a law-enforcement or correctional officer is governed by Va. Code Ann. § 18.2-57.02 (Disarming a law-enforcement or correctional officer; penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.