Alan Neff v. Commonwealth of Virginia

KELSEY, Judge.

The trial court convicted Alan Neff of being intoxicated in public in violation of Code § 18.2-388, and assault and battery of a police officer in violation of Code § 18.2-57(C). Neff appealed his assault conviction, but not his public-intoxication conviction. He argues on appeal that he had a right to assault the officer because the officer did not have probable cause to believe Neff was intoxicated in public. Finding this argument structurally flawed, we affirm.

I

One evening in June 2012, police arrived at Neffs address in response to a call from Neffs neighbors reporting that…