In Florida, any intentional touching of a police officer that is non-consensual, unwanted, or done in an aggressive manner can lead to charges of battery on a law enforcement officer (LEO). A conviction carries harsh mandatory minimum sentences and the prospect of significant prison time. An arrest for assaulting a police officer is considered an assault on someone in a protected class and it can be a terrifying, life-altering experience.
At the Law Offices of Robert David Malove, our South Florida criminal defense attorneys understand the fear and stress you're experiencing after an arrest for assaulting a police officer. We're here to protect your rights, examine all defense strategies, and fight tirelessly to secure the best possible outcome in your case.
What Constitutes Battery on a Law Enforcement Officer in Florida?
Under Florida Statute § 784.07, you can be charged with battery on a law enforcement officer if you intentionally touch the law enforcement officer against their will or intentionally cause bodily harm to the law enforcement officer.
A law enforcement officer includes:
- Police officers
- Emergency medical providers
- Firefighters
- Hospital personnel
- Law enforcement explorers
- Correctional officers
- Probation officers
- Public transport employees or agents
- Railroad special officers
Even if you didn't intend to injure the officer, merely touching them in a rude, angry, or aggressive way is enough to warrant charges. Spitting on an officer, poking them in the chest while arguing, or slapping their hand away could all potentially lead to a battery on a LEO battery charge under Florida law.
Proving Battery on a Law Enforcement Officer in Florida
To convict you of battery on a law enforcement officer, Florida prosecutors must prove the following elements beyond a reasonable doubt:
- You intentionally touched or struck the victim or intentionally caused bodily harm.
- The victim was a law enforcement officer (or other protected person).
- You knew the victim was a law enforcement officer performing their official duties.
The state must show that the officer was engaged in executing a legal duty and acting in their lawful capacity as law enforcement at the time of the alleged battery.
Florida's Penalties for Assaulting a Police Officer
Florida law increases the charges and penalties for assaulting a police officer. Specifically:
- An assault goes from a second-degree misdemeanor to a first-degree misdemeanor
- A battery goes from a misdemeanor of the first degree to a felony of the third degree. The minimum prison sentence is six months if the battery occurred in furtherance of a riot.
- An aggravated assault goes from a felony in the third degree to a felony in the second degree with a minimum prison sentence of three years
- An aggravated battery goes from a felony of the second degree to a felony of the first degree with a minimum prison sentence of five years
Possible Defenses Against Battery on a Law Enforcement Officer
Our experienced South Florida criminal defense lawyers will thoroughly evaluate the facts of your case and raise all relevant potential defenses, such as:
Lack of Knowledge
One potential defense is arguing that you did not know the alleged victim was a law enforcement officer engaged in executing a legal duty. For example, perhaps the officer was working undercover in plain clothes and did not identify themselves as law enforcement.
Self-Defense
If the officer used excessive force or acted outside the scope of their lawful duties, you may have a valid self-defense claim. You have the right to defend yourself against an officer's unreasonable or unwarranted use of force. However, proving that the officer acted improperly is an uphill battle that requires skill and extensive knowledge of police procedures.
Involuntary or Unintentional Contact
Charges of battery on a law enforcement officer require intentional contact. If you accidentally fell into or touched the officer, or if your contact was incidental during an arrest, this could be a defense. Disproving intent is very fact-specific and may depend on witness testimony, police body camera footage, and other evidence from the scene.
Our South Florida Criminal Defense Attorneys Are Here to Help You
Facing charges of battery on a law enforcement officer is an incredibly stressful, frightening experience. With prison sentences on the table, your freedom and future are at stake. You need a skilled, aggressive criminal defense lawyer on your side immediately.
At the Law Offices of Robert David Malove, our battle-tested South Florida criminal defense attorneys have decades of experience defending clients accused of assaulting police officers and other serious felony charges. We’re here to guide you through this difficult time with compassion and tireless advocacy.
We'll thoroughly investigate the evidence, police reports, and procedures to identify weaknesses in the state's case. Where appropriate, we'll file motions to suppress illegally obtained evidence or statements. We'll assert all available defenses and pursue every opportunity to have your charges reduced or dismissed. If necessary, we have the trial skills to defend you in court zealously.