Battery on a Law Enforcement Officer
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We are Florida Defense Attorneys Who Defend Charges of Battery on a Law Enforcement Officer.
In certain cases of battery you may be facing up to 25 years in prison.
We understand the stress and total life upheaval that comes with serious criminal charges because we’re people that have been in your shoes.
We also happen to be attorneys who defend charges of battery on a law enforcement officer, in Broward County, Miami-Dade County and Palm Beach County.
Our Florida criminal defense attorneys will be there when you need us because we know exactly how you are suffering. Before becoming a lawyer, a partner at our firm was wrongfully charged with racketeering. It was not until three years of stress, worry and sleepless nights that he was exonerated.
When you become our client at our firm, you get a partner’s cell phone number. Not an answering service number, his actual cell phone number.
It’s the same number that his mother uses to reach him.
We are your Defense Lawyers for Battery on a Law Enforcement Officer in Palm Beach, Broward and Miami Dade County.
Under Florida Statute 784.07, the term Law Enforcement Officer includes the meaning of law enforcement officer, a correctional officer, or a probation officer.
The statute also includes firefighters, emergency medical care providers (i.e. ambulance drivers, paramedics, registered nurses, physicians), public transit employees/agents, railroad special officers, among others who are engaged in the lawful performance of his or her duties.
Intent Requirement When You Are Charged with Battery on a Law Enforcement Officer
- The defendant intentionally touches or strikes a law enforcement officer/police officer against his or her will or causes bodily harm;
- The defendant knows that the alleged victim was a law enforcement officer/police officer;
- The law enforcement/police officer was engaged in the lawful performance of his or her duties when the defendant committed the battery.
Penalties for Battery on a Law Enforcement Officer in Florida
Penalties depend on the type of battery or assault charged. Enhanced penalties for the crime of battery exist in Florida when the victim is a member of law enforcement or public safety such as police, firefighters, emergency medical providers and others. Florida reclassifies the charge of battery as follows:
- In the case of assault, from a second degree misdemeanor to a first degree misdemeanor.
- In the case of battery, from a first degree misdemeanor to a third degree felony.
- In the case of aggravated assault, from a third degree felony to a second degree felony, which if convicted includes a sentence with a minimum term of imprisonment of 3 years.
- In the case of aggravated battery, from a second degree to a first degree, which if convicted includes a sentence with a minimum term of imprisonment of 5 years.
Florida Criminal Enhancements for Firearms
If a firearm is present, Florida law will mandate the imposition of the following minimum mandatory sentences:
- Possession of a “firearm” or “destructive device” during the incident: Minimum term of imprisonment of 3 years.
- Possession of a semiautomatic firearm or a machine gun during the incident: Minimum term of imprisonment of 8 years.
Whether jail is sought will depend on a number of factors, including the prior criminal record of the accused, the status and preferences of the alleged victim, victim injuries, restitution, and the strength of the prosecution’s case.
Defenses to Battery on a Law Enforcement Officer in Florida
There are many defenses that our Florida battery on a law enforcement officer defense lawyers will use to contest a charge of simple battery in Florida.
Certainly not nearly an exhaustive list, some of the more common defenses include self-defense, defense of others, consent or mutual combat, alibis, and lack of intent to touch or strike. Facts and circumstances surrounding your case will likely dictate additional defenses.
We will zealously defend your freedom and rights to the fullest extent of the law.
We’re changing the way people think about lawyers.
We understand the life-changing worry, aggravation, fear and stress that accompany charges of criminal battery in Florida because we’re people.
We also happen to be Florida Battery on a Law Enforcement Officer defense attorneys.
We can help you.
Our Florida battery on a law enforcement officer lawyers serve clients in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
We handle battery on law enforcement officer arrests and charges in Palm Beach, Broward, Miami Dade County and throughout Florida.
We want to hear your story, and share ours.