The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery. In many states assaulting a police officer or peace officer who is performing official duties (such as making a lawful arrest) is a more serious offense—sometimes a felony.
In Virginia, assault is defined as an act that puts another person in fear of imminent harm or offensive contact, even without physical contact, which would constitute battery. Virginia law distinguishes between simple assault and assault and battery, with the latter involving actual physical contact. Assaulting a law enforcement officer, including police officers and peace officers performing their official duties, is considered a more serious offense in Virginia. This is classified under Virginia Code § 18.2-57 as Assault and Battery against a family or household member or a law enforcement officer, which is a Class 6 felony if the individual knew or had reason to know the victim's status as a law enforcement officer. The penalties for assaulting a law enforcement officer are more severe than for simple assault and can include imprisonment, fines, and a mandatory minimum term of confinement.