Aggravated Battery on a Law Enforcement Officer, Firefighter, Etc. - Florida Statute 784.07(2)(d)

assault and battery

Are you being charged, in Palm Beach County, Florida, with Aggravated Battery on a Law Enforcement Officer? We are Aggravated Battery on Law Enforcement Officer attorneys located in West Palm Beach. When you are arrested for Aggravated 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 Aggravated 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 Aggravated Battery on a Law Enforcement Officer case is extremely important. . We ask that you consider our South Florida Criminal Defense Attorneys.

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. When a deadly weapon is used in the assault on a person from this group, the crime becomes a first-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 any type of 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:

(1) You intentionally touched or hurt the victim against their will;
(2) While committed the battery, you either:

  1. Used a deadly weapon;
  2. Intentionally and knowingly caused serious physical injury, permanent injury, or permanent disfigurement;
(3) The victim was at least one of the following:
  1. A law enforcement officer;
  2. A firefighter;
  3. An emergency medical care provider;
  4. A traffic accident investigation officer;
  5. A traffic infraction enforcement officer;
  6. A parking enforcement specialist;
  7. A security officer employed at a college;
  8. A federal law enforcement officer; or
  9. Anyone else listed in Florida State 784.07(1)-(2);
(4) You knew the person was one of the above; and
(5) 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 our law office 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 second-degree felony.

If you are charged with battery, you are not “off the hook” yet. If you committed battery on one of the above classifications, the Wellington Aggravated Battery Attorney can change your charges to the battery on a law enforcement officer, etc.

Punishment for Aggravated Battery on a Law Enforcement Officer, etc

The crime is considered a first-degree felony which is punishable by a maximum of 30 years in prison and a $10,000 fine. There is a minimum mandatory prison sentence of 5 years. The Florida Criminal Punishment Code ranks this as a level 7.

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, a Wellington Law Enforcement Officer Aggravated Battery 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.

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