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Battery on a Law Enforcement Officer in Florida is defined as the actual and intentional touching or striking of a law enforcement officer against their will or intentionally inflicting bodily harm to a law enforcement officer.

The Florida definition of "law enforcement officer" includes:
  1. Law enforcement officers;
  2. Correctional officers;
  3. Probation officers;
  4. Parole officers; and
  5. Fish and Wildlife Conservation officers
Battery on a Law Enforcement Officer in Florida is complicated by the fact that the touching or contact need not be a punch or even be harmful in order to constitute the crime in Florida. Simply coming into physical contact with a law enforcement officer in a harmful or offensive manner could constitute a Battery on a Law Enforcement Officer in Florida.

Penalties for a Battery on a Law Enforcement Officer Charge

Florida Battery on a Law Enforcement Officer is classified as a third degree felony punishable by up to:
  1. Five years in state prison;
  2. Five years of supervised probation;
  3. A $5,000 fine
If your actions rise to the level of Aggravated Battery, Florida reclassifies the Battery on a Law Enforcement Officer to a first degree felony punishable by up to:
  1. Thirty years in state prison;
  2. Thirty years of supervised probation;
  3. A $10,000 fine
Further, if convicted of Aggravated Battery on a Law Enforcement Officer in Florida you will serve a minimum mandatory sentence of five years in prison.

If you possessed a firearm or destructive device during the commission of the crime, you will serve a minimum mandatory sentence of three years in prison.

If you possessed a semi-automatic firearm and its high-capacity detachable box magazine during the commission of the crime, you will serve a minimum mandatory sentence of eight years in prison.

Further, you will not be entitled to gain-time or early release prior to serving the minimum mandatory sentence.

Defenses to a Battery on a Law Enforcement Officer Charge

In addition to factual defenses that would be raised at trial to show reasonable doubt as to the crime alleged, some common defenses to a Battery on a Law Enforcement Officer in Florida include:

Insufficient Evidence
Attacking the State's case and raining reasonable doubt as to whether the crime occurred is a common defense for Battery on a Law Enforcement Officer charges in Florida. A lack of evidence tends to raise reasonable doubt. Issues such as a lack of physical and/ or documentary evidence can be used against the State has tending to show that no battery ever occurred.

Unintentional
Although rarely used, the fact that any alleged touching or contact was unintentional on your part is still a viable defense. If you suffer from some kind of medical condition that tends to show that your actions were unintentional, you may have a complete defense to the crime of Battery on a Law Enforcement Officer in Florida.

Contact Orlando Criminal Defense ATtorney Chris Kaigle if you've been charged with Battery on a Law Enforcement Officer in Florida!
(407)545-6416