Battery on a Law Enforcement Officer, Firefighter, Etc. - Florida Statute 784.07(2)(b)
Are you being charged, in Palm Beach County, Florida, with Battery on a Law Enforcement Officer? We are Battery on Law Enforcement Officer attorneys located in West Palm Beach. When you are arrested for Battery 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 Battery 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 Battery on a Law Enforcement Officer case is extremely important. We ask that you consider our South Florida Criminal Defense Attorneys.
Many people have heard of the term “assault and battery” in the context of criminal matters. Normally, people hear these terms when watching some TV show but only have a general idea of what the crime of battery is. Battery is where the defendant intentionally touched the victim without their consent. A battery on a regular person is classified as a first-degree misdemeanor. When an individual commits battery someone that is in a certain classified group of individuals (police, security guards, EMTs), then the crime becomes more a serious third-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 committing assault or battery on 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 this more serious form of battery, the state must prove:
- You intentionally touched or hurt the victim against their will;
- 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 committed battery on the victim, the victim 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 the Law Office of Roger P. Foley, P.A. for help in presenting the best defenses that are available from the facts of the case.
The individual who claimed he was battered 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 charge with a simple battery which is a first-degree misdemeanor.
If you are charged with battery, you are not “off the hook” yet. If you committed battery on one of the above classifications, the Palm Beach Gardens Battery Attorney can change your charges to battery on a law enforcement officer, etc.
Punishment for Battery on a Law Enforcement Officer, Etc
The crime is considered a third-degree felony which is punishable by a maximum of 5 years in prison and a $5,000 fine. The Florida Criminal Punishment Code ranks this crime as a level 4.
Depending on what type of firearm or destructive device you had on you while you committed the battery, you will have a minimum mandatory sentence of either 3 or 8 years in prison without early release eligibility.
Contact the Law Office of Roger P. Foley, P.A.
If you are facing a charge of assault or battery on a law enforcement officer or a similarly protected individual, an attorney at The Law Office of Roger P. Foley, P.A. can help you understand your options and the best defense available for your case.