Battery on a Law Enforcement Officer Attorney in Miami, FL

If you or a loved one has been arrested or charged with battery on a law enforcement officer, it is critical to consult with an experienced defense attorney immediately to make sure that your rights are protected. An experienced Miami criminal defense lawyer can explain the charge, assess the evidence, and help you understand your options.

Our firm also defends other violent crime charges in Miami.

What is Battery on a Law Enforcement Officer?

Battery on a law enforcement officer charges can arise from disputed encounters during an arrest or other police contact. Reviewing body-camera footage, witness accounts, and medical records can help establish what happened. The defense should examine the alleged contact, the officer’s conduct, and whether the evidence supports each element listed below.

Who Is Protected Under the Statute?

Section 784.07 covers law enforcement officers, including correctional officers and certain probation officers. It also protects other listed workers, including firefighters, emergency medical care providers, hospital personnel, and parking enforcement specialists. For licensed security officers, the statute requires a uniform with a patch or emblem, visible at all times, identifying both the employing agency and the person’s status as a licensed security officer. The requirements depend on the worker’s role.

What are the Elements of Battery on a LEO?

Under section 784.07, Florida Statutes, the State must prove the following four elements beyond a reasonable doubt:

  • The defendant intentionally touched or struck the officer against the officer’s will, or intentionally caused bodily harm to the officer;
  • 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.

Our guide to simple battery in Florida explains the underlying rules about intentional contact, consent, and bodily harm.

Battery on a law enforcement officer may be charged alongside resisting an officer with violence, but the State must prove the elements of each offense separately. A battery allegation does not automatically establish resisting with violence, which requires knowing and willful resistance through offered or actual violence. Resisting with violence can occur without physical contact.

Possible Punishments for Battery on a LEO

Battery on a law enforcement officer is a third-degree felony, ordinarily punishable by up to five years in prison and a $5,000 fine. Probation may be available, depending on the facts and the applicable sentencing rules.

Aggravated battery on a law enforcement officer is a first-degree felony, ordinarily punishable by up to 30 years in prison and a $10,000 fine. Section 784.07 also requires a five-year mandatory minimum prison term for that offense. Other sentencing enhancements may apply.

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 we have handled a case similar to yours and represented clients with needs and concerns similar to yours. Browse our criminal case results for examples of cases we have handled, including charges of battery on a law enforcement officer.

By taking the immediate action of hiring an attorney to defend you or your loved one, you are increasing the odds of the case having a favorable outcome.

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