Legal Question in Criminal Law in Virginia

Possible Reduction of A & B-Police to Either of 2 Misdemeanors

Charged with Class 6 felony A & B-Police during arrest for an outstanding Misdemeanor warrant in another state. This charge in the other state resulted in a plea to one misdemeanor / and 2 other misdemeanors were Nolle Prosequi.

Is it best to look for either accepting a plea in VA of Resisting lawful arrest - 18.2-479.1 (a Misdemeanor) or drop the above Class 6 felony A & B-Police to a Misdemeanor assault and battery (dropping 18.2-57C [felony A & B-Police] to 18.2-57)?

How may either one (Resisting lawful arrest or Misdemeanor assault and battery) affect me differently?

Does one offer a benefit over the other?


Asked on 4/21/06, 2:10 pm

1 Answer from Attorneys
Charles Homiller Jimison/Homiller, PLC

Re: Possible Reduction of A & B-Police to Either of 2 Misdemeanors

What are the previous convictions for? If they are for assaults, I would recommend the resisting arrest. Either way, both options are class 1 misdemeanors which carry the maximum potential of 12 months in jail and/or a $2500 fine. Anytime you can get a felony reduced to a misdemeanor you should chalk it up as a win (provided you would be convicted on the felony).

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Answered on 4/21/06, 4:39 pm


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