I’m just going based off of what I’ve read but it’s kinda both. If they do not have the legal authority to arrest you then you are allowed to resist in Virginia. They had no business arresting him as there was no probable cause that he had committed a crime nor was he who they were there for and simply holding a phone is not a crime and neither is j walking in Virginia.

When resisting an unlawful arrest you cannot show more force than the officer otherwise it becomes assault. The officer makes physical contact with him and he pushes away. That doesn’t seem any higher in severity so it’s probably not assault.