Legal Question in Criminal Law in Virginia

My husband received a 6 month mandatory sentence for assault on law enforcement in the state of VA. We were told by our lawyer he would have do to 85-89% of the 6 months. He received a release date of 12-18-13 and was not released yesterday. Later in the day he was told he had to do 100% putting him at Jan 11. The reason he was given was that it was a "mandatory" 6 months. Is this correct?

Asked on 12/19/13, 8:25 am

1 Answer from Attorneys

Christopher Winslow Winslow & McCurry, PLLC

This is correct.

Under Virginia statute 18.2-57 (C), a conviction for assaulting an officer as defined in subsection (F) is categorized as a Class 6 Felony and it is punished by a minimum of 6 months confinement.

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Answered on 12/19/13, 8:38 am

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