MIAMI BATTERY ON A LAW ENFORCEMENT OFFICER DEFENSE ATTORNEY

As explained in Section 784.07 of the Florida Statutes, the crime of Battery on a Law Enforcement Officer occurs where:
The defendant intentionally touches or strikes a law enforcement officer or causes bodily harm;
The defendant knows that the alleged victim was a law enforcement officer and;
The law enforcement officer was engaged in the lawful performance of his or her duties when the act was committed.

It’s important to note that the term “Law Enforcement Officer” does not apply solely to police officers. Under Florida Statutes, this term applies to any of the following: a correctional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer and any county probation officer, an employee or agent of the Department of Corrections who supervises or provides services to inmates, an officer of the Florida Commission on Offender Review, a federal law enforcement officer, and law enforcement personnel of the Fish and Wildlife Conservation Commission or the Department of Law Enforcement.

To prove the crime of Battery on a Law Enforcement Officer, the State must prove the accused intentionally touched the victim and knew that the victim was a law enforcement officer. The State must also prove that the victim was a law enforcement officer and engaged in the lawful performance of their duties when the act was committed.

Penalties

Battery on a Police Officer is classified as a third degree felony. As such, the offense is punishable by up to 5 years in prison or 5 years of probation, and a $5,000 fine. If the charge increases to Aggravated Battery on a Police Officer, then the penalty increases to a MINIMUM of 5 years in prison.

Defenses to Battery on a Law Enforcement Officer

A defendant must know that the officer in question was actually on the job and lawfully performing his or duties for them to be appropriately charged with battery on a LEO. One of the more common defenses used is showing that the touching of the officer was incidental as unintended body movements that result in the touching of the law enforcement officer do not merit the charge of Battery on a LEO. Also, if a defendant feels that the force used by the officer is extreme and excessive they may defend themselves, however, a person can only defend themselves to the extent reasonably believed that such force was necessary.

What is Resisting with Violence?

In Florida, Resisting an Officer with Violence occurs when a defendant knowingly and willfully resists, obstructs, or opposes law enforcement by committing or threatening to commit an act of violence towards an officer who is engaged in a lawful duty. The offense is a third degree felony with penalties that frequently include jail or prison.

Defenses to Resisting Arrest with Violence

There are numerous defenses to Resisting an Officer with Violence, that include that the officer was “engaged in the performance of a lawful duty when the resisting occurred” and not just “on the job,” self defense (a person may use reasonable force to resist a police officer using excessive force during an arrest), or that the defendant was unaware that the police officer was actually a law enforcement officer.

Furthermore, we understand that often these allegations are ones of exaggeration; exaggerations that could negatively affect our clients for the rest of their lives. With that in mind we leverage our extensive experience to find the best resolution to your case, whether that be a diversion offer or charge reduction plea.