Battery on a Police Officer or Law Enforcement in Florida
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We are your Criminal Lawyers in Florida for Battery on a Police Officer or Law Enforcement charges
Battery on police or law enforcement officer occurs when the defendant intentionally touches or strikes a law enforcement officer against the will of the officer or causes bodily harm.
Required Elements of Battery on a Police Officer or Law Enforcement in Florida
- Defendant knows victim was a law enforcement officer; and
- Officer was engaged in the lawful performance of his duties when the defendant committed the battery.
Meaning of “Law Enforcement Officer”
“Law enforcement officer” may include police, correctional officers, law enforcement explorers, traffic enforcement officers, parking enforcement officers, part-time police and correctional officers, auxiliary law enforcement, auxiliary correctional officers, probation officers, employees of the Department of Corrections who supervise or provide services to inmates, Federal law enforcement officers, and officers of the Fishing and Wildlife Conservation Commission. In addition, special protection extends to firefighters, emergency medical care providers, public transit employees (i.e. bus drivers, train operators, revenue collectors, maintenance personnel, and supervisors connected with transit authorities), as well as community college Security personnel.
Penalties for Battery on a Police Officer in Florida
Battery on a Police Officer is a third degree felony punishable by up to five (5) years in prison or five (5) years of probation, and a $5,000 fine.
Where a defendant’s conduct constitutes Aggravated Battery, when upgraded to Aggravated Battery on a Police Officer the charge is a first degree felony, punishable by up to thirty (30) years in prison, with a minimum mandatory prison sentence of five (5) years.
Defenses to the Charge of Battery on a Police Officer in Florida
There are numerous defenses available to contest a charge of Battery on a Police Officer. Some of the more common defenses include the following:
Self-defense, officer not engaged in lawful duty, private sector employment, incidental touching, reflexive actions, excessive force, lack of scienter.
Early Negotiation is Critical in a Charge of Battery on a Police Officer in Florida
Early contact in the criminal process communicates competence, resolve, and establishes a rapport that may be needed during future negotiations.
We will make early contact with the prosecutor to present factual defenses, legal issues, and mitigating circumstances that may have a dramatic impact on the State’s decision to move forward against you.
We also happen to be Florida criminal assault attorneys.
We can help you.
Our Florida criminal lawyers serve clients charged with Charge of Battery on a Police Officer in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
We handle criminal law cases and Battery on a Police Officer charges in Palm Beach, Broward, Miami Dade County and throughout Florida.
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