Battery on a Law Enforcement Officer
Call Delray Beach County Battery on a Law Enforcement Officer Attorneys Bottari & Doyle for legal representation involving your Battery legal issue at 561-588-2781.
Definition of Battery on a Law Enforcement Officer
Florida Statute 784.07(2b) criminalizes Battery on a Law Enforcement Officer. The prosecutor must prove the following 4 elements beyond a reasonable doubt to convict a defendant at trial:
- Defendant intentionally touched or struck the officer, or caused bodily harm to the officer.
- Victim was a law enforcement officer.
- Defendant knew victim was a law enforcement officer.
- Officer was engaged in the lawful performance of his or her duties during the commission of the crime.
Penalties for Battery on a Law Enforcement Officer
Battery on a law enforcement officer is a third degree felony. Third degree felonies are punishable by any combination of the following:
- 5 years in prison
- 5 years of probation
- $5,000 fine
Defenses to Battery on a Law Enforcement Officer
- The police officer was not performing a legal duty: If a police officer unlawfully detains or frisks the defendant, then he or she is not engaged in a lawful duty, and a person cannot be convicted of battery on a law enforcement officer, only misdemeanor battery. However, this defense does not apply even when the officer performs an illegal arrest.
- Excessive Force: A person can defend against the officer’s use of excessive force.
- Officer Not on the Job: The officer must be engaged in the lawful execution of a legal duty for a conviction to stand. Therefore, if an officer is working off-duty as a security guard and is hit, then there can be no conviction for battery on a law enforcement officer.
If you have been arrested for Battery on a Law Enforcement Officer, in Delray Beach County, Broward County, Martin County or Dade County call a
Delray Beach criminal defense attorney from Bottari & Doyle at (561)-588-2781 for a free consultation.