Battery on a Law Enforcement Officer
Any charge of battery on a law enforcement officer is reason to worry; it is a serious, violent, Third Degree Felony. Criminal defense attorney and former prosecutor for the State Attorney’s Office for the 18th Judicial Circuit, Terrance R. Rooth, knows that there is often much more to the story than is contained in the police report. It is that ability to bring out the entire set of facts that often makes the difference between success and failure.
Florida statute 784.07 defines battery on a law enforcement officer as:
“Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, a traffic accident investigation officer, a nonsworn law enforcement agency employee who is certified as an agency inspector, blood alcohol analyst, or a breath test operator while such employee is in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who is detained or under arrest for DUI, a traffic infraction enforcement officer, a parking enforcement specialist, a person licensed as a security officer and wearing a uniform that bears at least one patch or emblem that is visible at all times that clearly identifies the employing agency and that clearly identifies the person as a licensed security officer, or a security officer employed by the board of trustees of a community college, while the officer, firefighter, emergency medical care provider, intake officer, traffic accident investigation officer, traffic infraction enforcement officer, inspector, analyst, operator, parking enforcement specialist, public transit employee or agent, or security officer is engaged in the lawful performance of his or her duties”, the penalties become enhanced.
Punishment for conviction of battery of a law enforcement officer includes:
“In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.
In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of 3 years.
In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. Notwithstanding any other provision of law, any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a minimum term of imprisonment of 5 years.
Possession of a firearm or destructive device during assault or battery on a law enforcement officer increases the punishment to include a higher minimum term of imprisonment. Furthermore, Florida statute 784.07 goes on to state that:
“Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.”
In other words, a conviction for the charge of battery on a law enforcement officer can easily lead to several years in prison and a felony charge that will remain on your criminal record for life. Due to the seriousness of these charges, we recommend contacting the Law Office of Terrance R. Rooth, P.A., today.
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