Aggravated Battery Defense

Battery on a Law Enforcement Officer

Polk County Florida Criminal Defense Firm providing Battery on a Law Enforcement Officer Defense Attorney – Lawyer Legal Services in Lakeland, Winter Haven, Bartow, Polk County, and the surrounding Central Florida area.

What is Battery on a Law Enforcement Officer?

According to Florida Criminal Statute §806.01, battery on a law enforcement officer occurs whenever any person knowingly committing an assault or battery upon a law enforcement officer who is is engaged in the lawful performance of his or her duties, or the accused is aware or had reasonable knowledge to be aware that the alleged victim was a law enforcement officer. “Reasonable knowledge” in this case may be:

• The law enforcement uniform that the alleged victim was wearing at the time of the incident;

• A law enforcement badge that was currently being worn in plain sight;

• Seeing the law enforcement officer enter or exit a law enforcement vehicle;

• Being verbally told of the individuals law enforcement status,

• or having prior knowledge of that the individual was a law enforcement officer.

There are many scenarios where an individual my wrongfully be charged with battery on a law enforcement officer. To discuss your specific legal situation contact our office by calling 863.937.9100.

Maximum Battery on a Law Enforcement Officer Conviction Penalty

Depending on the specific circumstances and evidence against the accused, whoever commits battery on a law enforcement officer shall be guilty of a felony of the third degree which has a maximum penalty of 5 years in prison and a $5,000 fine.

Aggravated battery on a law enforcement officer may be a felony of the second degree, up to a felony of the first degree. A felony of the first degree has a maximum penalty of up to 30 years in prison and a $15, 000 fine. 

Burden of Proof for a Battery on a Law Enforcement Officer Conviction

First and foremost the prosecution must prove beyond a reasonable doubt that the battery on a law enforcement officer actually occurred. This includes proving “intent” for the accused to commit a criminal act of battery. Under under Florida law a criminal act of battery does not occur if the contact was unintentional, regardless if the accused knew if the victim was a law enforcement officer or not.

For more information regarding the burden of proof relating to battery on a law enforcement officer charges and potential defense strategies that may be available to you, contact our office by calling 863.937.9100.

If a dismissal of your arson charge is not possible, we will ensure you are fully aware of your legal options going forward such negotiating for a plea deal, or in the case of a trial ensure you are fully aware of every aspect regarding defense strategies that may best serve in the defense of the charges against you.

Each battery on a law enforcement officer defense attorney, lawyer, and staff member in our law firm are ready to assist you in even the most difficult of legal challenges you may be facing. We will aggressively represent your legal needs, interests, and goals regarding your criminal battery on a law enforcement officerissues, as well as other misdemeanor and felony criminal defense related legal issues.

If you must address battery on a law enforcement officer defense issues in Lakeland, Winter Haven, Bartow, Polk County, or the surrounding Central Florida area, speak to an experienced battery on a law enforcement officer defense attorney – lawyer at Carroll Law Group, P.L. today by calling 863.937.9100.