Aggravated Assault on a Law Enforcement Officer, Firefighter, Etc. - Florida Statute 784.07(2)(c)
Are you being charged, in Palm Beach County, Florida, with Aggravated Assault on a Law Enforcement Officer? We are Aggravated Assault on Law Enforcement Officer attorneys located in West Palm Beach. When you are arrested for Aggravated Assault on a Law Enforcement Officer you want a lawyer that understands and practices in this area of law. Don’t hire a lawyer that dabbles in criminal defense, hire a criminal defense attorney that has extensive experience in Aggravated Assault on a Law Enforcement Officer cases. Your attorney needs to have knowledge and experience but also needs to know the players. Knowing the players comes from years of being inside the courtroom. Finding the best criminal defense attorney in Palm Beach County, for your case, is difficult. You need to review their educational background, experience in criminal cases, their reputation in the community, and their ability to communicate with you, the client. The quality of the criminal defense attorney you hire to defend your Aggravated Assault on a Law Enforcement Officer case is extremely important. We ask that you consider our South Florida Criminal Defense Attorneys.
Assault is where the defendant intentionally and illegally made a credible threat to physically harm the victim and the threat put the victim in reasonable fear that they would be harmed. When a person assaults another using something that is threatened to be used in a deadly way, the simple assault goes to the “next level.” An assault on a regular person is classified as a second-degree misdemeanor. The use of a deadly weapon takes it to a third-degree felony. When an individual assaults with a deadly weapon someone that is in a certain classified group of individuals (police, security guards, EMTs), then the crime becomes a more serious second-degree felony. Most people do not understand that even though “mall cops” or parking-meter readers are not police officers, they are licensed by the State of Florida and fall into this more highly protected class. Florida Statute 784.07 prohibits anyone from assaulting individuals in this protected class.
What the State has to Prove for You to be Convicted
In order for the state to convict you of aggravated assault, the state must prove:
- You intentionally and unlawfully threatened, by body language or verbally, to hurt the victim;
- When you threatened the victim, it looked like you could hurt the victim;
- Your threat created a reasonable fear of injury in the victim’s mind;
- The assault was made with either:
- A deadly weapon; or
- A fully formed conscience intent to commit a crime upon the victim;
- The victim was at least one of the following:
- A law enforcement officer;
- A firefighter;
- An emergency medical care provider;
- A traffic accident investigation officer;
- A traffic infraction enforcement officer;
- A parking enforcement specialist;
- A security officer employed at a college;
- A federal law enforcement officer; or
- Anyone else listed in Florida State 784.07(1)-(2);
- You knew the person was one of the above; and
- When you assaulted the victim, he was doing his job.
The facts of the case are going to determine how to approach presenting potential defenses. It is extremely important that anyone who is charged with this crime contact our office for help in presenting the best defenses that are available from the facts of the case.
The individual who claimed he was assaulted must be in some type of uniform that is bearing at least one type of patch or emblem that is visible and identifies the alleged victim as being part of one of above classifications; otherwise, the defendant can only be charged with aggravated assault which is a third-degree felony.
Punishment for Aggravated Assault on a Law Enforcement Officer, Etc
This crime is ranked as level 6 under the Florida Criminal Punishment Code. The crime is considered a second-degree felony which is punishable by a maximum of 15 years in prison and a $10,000 fine. There is a minimum 3 years prison sentence.
Contact the Law Office of Roger P. Foley, P.A.
If you are facing this charge, a Boynton Beach Law Enforcement Officer Aggravated Assault Lawyer at the Law Office of Roger P. Foley can help you understand your options and the best defense available for your case. It is important for you to contact us so we can help you.