VIRGINIA BEACH, Va. — A Virginia Beach police officer is charged with misdemeanor assault and battery following a use-of-force investigation.
24-year-old Jemarr Mosley Jr. is currently had his law enforcement authority suspended and is on administrative assignment.
The Virginia Beach Police Department said it stems from an incident on First Colonial Road back on February 9.
They didn't elaborate on what exactly happened but in a statement, Chief Paul Neudigate said Officer Mosley "used a level of force that was neither reasonable nor necessary, and that he strayed outside of his oath of responsibility and training."
Neudigate went on to say, "I take no pleasure in the fact that this officer faces criminal charges, but it is vital that we hold our profession accountable for misconduct."
James Duane, a law professor with Regent University said with the Class 1 misdemeanor charge, Mosley could face up to a year in prison if he were to be convicted or plead guilty.
"A misdemeanor is a charge in which you cannot go to prison for more than one year," Duane explained. "It generally involves the severity of the injuries that were committed. So, perhaps they decided they can't prove the kind of injury to the victim in this case that would justify the position of a felony accusation."
Duane said Mosley could face a trial or plead guilty, but it's up to the police department to keep him on the force.
"The administration may require the officer may start additional training, but that will be decided by the department," said Duane. "That will not be determined by the judge."
Duane said an officer charged with a misdemeanor is not a common occurrence in his experience practicing law, but he said incidents like this show accountability by police departments.
"The fact that the City of Virginia Beach has chosen to prosecute this officer is a solemn confirmation that no man or woman is above the law. Not a governor. Not a president," said Duane. "You've got to demonstrate that you're deserving of that badge by being held accountable."
Mosley has been with Virginia Beach police since 2021.
The Virginia Beach Police Department's policies on use-of-force can be found here.