Florida Association of Criminal Defense Lawyers
National Association of Criminal Defense Lawyers

Battery on a Law Enforcement Officer

When you touch someone against their will, the crime is considered a Misdemeanor Simple Battery in Florida. That is unless that someone is a law enforcement officer. A "law enforcement officer" includes:

  1. Police Officers
  2. Firefighters
  3. EMT's
  4. Ambulance Drivers
  5. Emergency Doctors
  6. Officers of the Railroad
  7. Community Service Officers
  8. Corrections Officers
  9. Bus Operators
  10. Breath Test Operators

If you are accused of battering one of these people, you will be charged with a third degree felony in Florida. If you commit an aggravated assault on any of these categories of people, it is considered a second degree felony with a 3 year minimum mandatory sentence that has to be imposed. If accused of an aggravated battery on a law enforcement officer, you will be facing 30 years in prison with a 5 year minimum mandatory sentence that will have to be served. In addition to the jail/prison sentences, you cannot receive a withhold of adjudication on these charges. That means the Court will have to convict you of these felonies making you a convicted felon for life.

As with all other crimes, you are innocent until proven guilty. Even is the alleged victim is a police officer. It is important to know that you are entitled to have an advocate for you. Contact our Experienced Battery on a Law Enforcement Officer Attorney today for a Free Consultation. Call us 24 hours a day, 7 days a week at (904) 365-5200.

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