[hxvoc]

My question involves criminal law for the state of: VIrginia

The other night I arived at a bar. There was a man outside yelling something and I thought he was talking to me. I ask him what he said and started running his mouth telling me I dont know who he his and some other random crap talking. Well He started walking towards me and I fealt threatend and hit him one time in the mouth. As soon as I struck him he pulled out his badge and said "I'm a cop, I'm a cop" He said your going to jail for assault on an officer. Then he told me that if i apologized right then that it would all be cool and he wouldnt take it any further. Well then I left the bar. The next day 2 officers came to my house and left a card with a note saying I need to come to the P.D. to take care of an incident from the night before. I never went and here it is 2 days later and they havent returned. I was informed by a buddy of mine that there supposably there is a warant out for my arrest but he didnt know what the charges were. I am very worried and wonder if I can really be charged with a felony. Should i press assault charges on him, or make a formal complaint? I have witnesses that saw everything that happened. Please any advice would be a appreciated.

[cyjeff]

You hit HIM and want to know if you can press charges?

No.

You didn't know he was a cop at the time of the assault. That still makes it an assault.

Turn yourself in. Get an attorney.

[hxvoc]

he started it with me.. he never identified hiself till after i hit him.. plus he had been drinking.. he wasnt in uniform. They cant charge me with a felony assault can they?

[cyjeff]

he started it with me.. he never identified hiself till after i hit him.. plus he had been drinking.. he wasnt in uniform. They cant charge me with a felony assault can they?

No.

You were the first that threw a punch. You are also the only one that threw a punch.

Therefore, you are the only one that will and can be charged with assault.

I don't know about felony assault because the officer was not in uniform. However, assault is VERY much on the table for you.

You would only be able to charge HIM with assault if he actually touched you.

[bigcountrysg]

My question involves criminal law for the state of: VIrginia

The other night I arived at a bar. There was a man outside yelling something and I thought he was talking to me. I ask him what he said and started running his mouth telling me I dont know who he his and some other random crap talking. [COLOR="Red"]Well He started walking towards me and I fealt threatend and hit him one time in the mouth.[/COLOR] As soon as I struck him he pulled out his badge and said "I'm a cop, I'm a cop" He said your going to jail for assault on an officer. Then he told me that if i apologized right then that it would all be cool and he wouldnt take it any further. Well then I left the bar. The next day 2 officers came to my house and left a card with a note saying I need to come to the P.D. to take care of an incident from the night before. I never went and here it is 2 days later and they havent returned. I was informed by a buddy of mine that there supposably there is a warant out for my arrest but he didnt know what the charges were. I am very worried and wonder if I can really be charged with a felony. Should i press assault charges on him, or make a formal complaint? I have witnesses that saw everything that happened. Please any advice would be a appreciated.

What I highlighted in Red is very weak. Basically what your saying is if someone walks towards you, you feel threatened there for you react. How did he walk toward you, did he come toward you with hands balled up in a fist? Or did he just calmly walked toward you maybe so you and him could calmly talk about what was said. But you reacted and escalated it when you punched him.

When he walked towards you, were you not able to walk backwards? You walked towards him so what was the reason you could not walk away.

I suggest you retain a lawyer and self surrender or at least go to the police department. Maybe talk to the Department Chief or Commander.