Assault or Battery on a Law Enforcement Officer, Firefighter, Etc.


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against Assault or Battery on a Law Enforcement Officer allegations.

Assault or Battery on a Law Enforcement Officer, Firefighter, etc. are enhanced forms of assault and battery with much more serious consequences.  Assault or Battery on a Law Enforcement Officer convictions can negatively affect the rest of your life.  Call us today to discuss your aggravated battery case and what SLG Law can do for you. 

The enhanced forms of assault and battery relating to law enforcement, firefighters, EMTs, etc. are:
  • Assault on a Law Enforcement Officer, etc.
  • Battery on a Law Enforcement Officer, etc.
  • Aggravated Assault on a Law Enforcement Officer, etc.
  • Aggravated Battery on a Law Enforcement Officer, etc.

What is Assault on a Law Enforcement Officer?

Assault on a Law Enforcement Officer is defined in Florida Statute Section 784.07(2)(a).  In order to prove that you committed a Assault on a Law Enforcement Officer, the State must prove:
  • You intentionally and unlawfully threatened, either by word or act, to do violence to the victim, and
  • at the time, you appeared to have the ability to carry out the threat, and
  • the act created in the mind of the victim a well-founded fear that the violence was about to take place, and  
  • the victim was a:
    • law enforcement officer, or
    • firefighter, or
    • emergency medical care provider (EMT), or
    • traffic accident investigation officer, or
    • traffic infraction enforcement officer, or
    • parking enforcement specialist, or
    • security officer employed by the board of trustees of a community college, or
    • federal law enforcement officer, and
  • you knew the victim was a
    • law enforcement officer, or
    • firefighter, or
    • emergency medical care provider (EMT), or
    • traffic accident investigation officer, or
    • traffic infraction enforcement officer, or
    • parking enforcement specialist, or
    • security officer employed by the board of trustees of a community college, or
    • federal law enforcement officer, and
  • the victim was engaged in the lawful performance of his or her duties when the assault was committed. 

What is Battery on a Law Enforcement Officer?

Battery on a Law Enforcement Officer is defined in Florida Statute Section 784.07(2)(b).  In order to prove that you committed a Battery on a Law Enforcement Officer, the State must prove:
  • You intentionally touched or struck the victim against his or her will, or
  • you intentionally caused bodily harm to the victim, and
  • the victim was a:
    • law enforcement officer, or
    • firefighter, or
    • emergency medical care provider (EMT), or
    • traffic accident investigation officer, or
    • traffic infraction enforcement officer, or
    • parking enforcement specialist, or
    • security officer employed by the board of trustees of a community college, or
    • federal law enforcement officer, and
  • you knew the victim was a
    • law enforcement officer, or
    • firefighter, or
    • emergency medical care provider (EMT), or
    • traffic accident investigation officer, or
    • traffic infraction enforcement officer, or
    • parking enforcement specialist, or
    • security officer employed by the board of trustees of a community college, or
    • federal law enforcement officer, and
  • the victim was engaged in the lawful performance of his or her duties when the battery was committed. 

What is Aggravated Assault on a Law Enforcement Officer?

Aggravated Assault on a Law Enforcement Officer is defined in Florida Statute Section 784.07(2)(c).  In order to prove that you committed a Aggravated Assault on a Law Enforcement Officer, the State must prove:
  • You intentionally and unlawfully threatened, either by word or act, to do violence to the victim, and
  • at the time, you appeared to have the ability to carry out the threat, and
  • the act created in the mind of the victim a well-founded fear that the violence was about to take place, and  
  • you used a deadly weapon, or
  • the assault was made with a fully-formed, conscious intent to commit a felony upon the victim, and
  • the victim was a:
    • law enforcement officer, or
    • firefighter, or
    • emergency medical care provider (EMT), or
    • traffic accident investigation officer, or
    • traffic infraction enforcement officer, or
    • parking enforcement specialist, or
    • security officer employed by the board of trustees of a community college, or
    • federal law enforcement officer, and
  • you knew the victim was a
    • law enforcement officer, or
    • firefighter, or
    • emergency medical care provider (EMT), or
    • traffic accident investigation officer, or
    • traffic infraction enforcement officer, or
    • parking enforcement specialist, or
    • security officer employed by the board of trustees of a community college, or
    • federal law enforcement officer, and
  • the victim was engaged in the lawful performance of his or her duties when the assault was committed. 

What is Aggravated Battery on a Law Enforcement Officer?

Aggravated Battery on a Law Enforcement Officer is defined in Florida Statute Section 784.07(2)(b).  In order to prove that you committed a Battery on a Law Enforcement Officer, the State must prove:
  • You intentionally touched or struck the victim against his or her will, or
  • you intentionally caused bodily harm to the victim, and
  • in committing the battery, you
    • intentionally or knowingly caused
      •  great bodily harm to the victim,
      • permanent disability to the victim, or
      • permanent disfigurement to the victim, or
  • used a deadly weapon, and
  • the victim was a:
    • law enforcement officer, or
    • firefighter, or
    • emergency medical care provider (EMT), or
    • traffic accident investigation officer, or
    • traffic infraction enforcement officer, or
    • parking enforcement specialist, or
    • security officer employed by the board of trustees of a community college, or
    • federal law enforcement officer, and
  • you knew the victim was a
    • law enforcement officer, or
    • firefighter, or
    • emergency medical care provider (EMT), or
    • traffic accident investigation officer, or
    • traffic infraction enforcement officer, or
    • parking enforcement specialist, or
    • security officer employed by the board of trustees of a community college, or
    • federal law enforcement officer, and
  • the victim was engaged in the lawful performance of his or her duties when the battery was committed. 

What is a "deadly weapon?"

A "deadly weapon" is a weapon that is used or threatened to be used in a way likely to produce death or great bodily harm.  So, if you stabbed a person in the eye with a pencil, it would be a deadly weapon.  If you lightly hit the eraser edge against their forearm, it would not be a deadly weapon.

What are the potential consequences of Assault or Battery on a Law Enforcement Officer, Firefighter, Etc.?

Assault on a Law Enforcement Officer, Etc.
Up to 1 year in jail

Battery on a Law Enforcement Officer, Etc.
Up to 5 years in prison

Aggravated Assault on a Law Enforcement Officer, Etc.
3 year minimum mandatory prison sentence up to 15 years in prison

Aggravated Battery on a Law Enforcement Officer, Etc.
5 year minimum mandatory prison sentence up to 30 years in prison


Will I definitely get the minimum mandatory sentence for an Aggravated Assault or Aggravated Battery on a Law Enforcement Officer if I'm found guilty?

If you are convicted at trial or if you plead straight up to a judge to Aggravated Assault on a Law Enforcement Officer, Firefighter, etc., the judge must sentence you to the minimum mandatory sentence, at a minimum.  The judge cannot go below that minimum mandatory sentence.  The prosecutor is the only person that can go below the minimum mandatory.  Your attorney may be able to negotiate a sentence below the minimum mandatory with the prosecutor. 

What are the possible defenses to Assault or Battery of a Law Enforcement allegations?

There are many different defenses to these charges.  Some common defenses include self defense, the law enforcement officer was not engaged in the lawful performance of his or her duties, and the other common defenses to generic assault and battery.  There will also be fact specific defenses unique to your case.  Give us a call to discuss the possible defenses to your case.

If you or a loved one has been arrested for or accused of
Assault on a Law Enforcement Officer, Firefighter, Etc.,
Battery
on a Law Enforcement Officer, Firefighter, Etc.,
Aggravated Assault
on a Law Enforcement Officer, Firefighter, Etc., or Aggravated Battery on a Law Enforcement Officer, Firefighter, Etc.,

Call Shorstein, Lasnetski & Gihon Now!

904-642-3332 (Jacksonville)
or
407-228-2019
(Orlando). 

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