PORTSMOUTH, Va. — Attorneys for a Virginia state senator have asked a judge to dismiss charges that allege that she conspired to damage a Confederate monument.

The Virginian-Pilot reported Thursday that the lawyers for Sen. Louise Lucas argue that the case stems from “an illegal and unsanctioned police action.”

Attorneys Don Scott and Verbena Askew argue that a criminal investigation of an elected official must be requested by the governor, the attorney general or a grand jury.

The attorneys said that police in Portsmouth failed to make such a request.

The charges stem from a June protest that drew hundreds of people to a Confederate monument. It was heavily damaged.