If you or a loved one has been arrested or charged with battery on a LEO, it is critical to consult with an experienced defense attorney immediately to make sure that your rights are protected. You need the counsel of an experienced Miami battery on a LEO attorney to guide you through the process and increase your chances of resolving your case favorably.
What is Battery on a Law Enforcement Officer?
Battery on a law enforcement officer (also known as battery on a LEO) is an extremely common felony charge that police officers often use to demonstrate their authority and/or gain control over a situation. Many people arrested for battery on a law enforcement officer feel that they have done nothing wrong and have difficulty understanding why they were arrested, let alone charged with assaulting an officer. In fact, the person arrested is usually the one who suffers a physical injury at the hands of the officers. Consequently, somebody facing this charge often feels both physically and emotionally violated. A good Miami battery on a LEO attorney will strive to minimize the effects and ramifications of this charge to allow our clients to put the case behind them and move on with their professional and personal lives.
Who is Considered a Law Enforcement Officer?
The name of this crime is a little misleading because the alleged victim in a battery on a law enforcement charge does not have to be a police officer. The alleged victim can also be a firefighter, paramedic, parking enforcement specialist, corrections officer, probation officer, or licensed security guard.
What are the Elements of Battery on a LEO?
In order to found guilty of battery on a LEO, the State has to prove the following four things:
- the defendant actually and intentionally touched or struck the law enforcement officer against his or her will;
- the victim was a law enforcement officer;
- the defendant knew the victim was a law enforcement officer; and
- the victim was engaged in the lawful performance of his or her duties when the battery was committed.
Battery on a LEO can be charged alone but is often accompanied by the charge of resisting an officer with violence. If there is an allegation which makes out the elements of battery on a LEO, then resisting an officer with violence can also be charged. The reverse, however, is not necessarily the case. Someone can resist an officer with violence without striking the officer (i.e., committing a battery).
Possible Punishments for Battery on a LEO
Florida law classifies battery on a law enforcement officer as a third-degree felony. The maximum punishment, consequently, for someone convicted of battery on a law enforcement officer is five (5) years in state prison. If you are convicted of battery on a LEO you also face up to five (5) years probation and a fine up to $5,000. The more serious charged of aggravated battery of a law enforcement officer is a first-degree felony. You could, therefore, face up to 30 years in state prison if you are convicted of this more serious charge.
Florida Statute 784.07 – Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.
Jury Instructions for Battery on Law Enforcement Officer, Firefighter, Etc. § 784.07(2)(b), Fla. Stat. – Jury instructions from the Florida Supreme Court in Word format.
Jury Instructions for 8.13 Aggravated Battery on Law Enforcement Officer, Firefighter, Etc. § 784.07(2)(d), Fla. Stat. – Jury instructions from the Florida Supreme Court in Word format.
Contact an Experienced Miami Battery on a LEO Attorney
Over the years, we have represented dozens of clients charged with battery on a law enforcement officer. In fact, there is a good chance that we have dealt with a case similar to yours and have represented clients who have shared similar needs and concerns that you may have. Feel free to browse through the results section of our site for a representative sample of some of our past cases, and the results we have achieved for our clients.
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