At Sergio Cruz Criminal Defense, we have successfully defended countless clients, helping them avoid conviction and all of the severe penalties that come with it. If you’ve been accused of a violent crime, don’t wait to secure legal representation — contact our law firm today.
Like other types of criminal charges, battery is a broad term that encompasses a wide range of unlawful actions. Under Florida law, grabbing a person’s elbow without their consent or intentionally causing them bodily harm are both considered battery. With so much room for variance, battery charges can leave a lot of defendants wondering what they’re really up against.
Several different factors inform how a battery offense is charged, as well as how conviction is punished. The presence of certain circumstances can greatly enhance the penalties for battery. These factors are called “aggravating factors,” and few of them are as serious as battery on a law enforcement officer.
If you have been charged with battery on a law enforcement officer or with any violent crime in Florida, you need to understand that your freedom is at stake. If convicted, you could face prison, probation, fines, felon-status, a loss of your civil rights, social stigma, fewer job and housing opportunities, and more. Suffice it to say that the penalties associated with a serious violent offense can be life-shattering in practically every way.
Fortunately, that doesn’t have to be your future. Sergio Cruz Criminal Defense has the resources, expertise, and years of experience necessary to mount an aggressive defense on your behalf. This article will explain everything you need to know about battery on a law enforcement officer charges in Florida, including penalties, possible defenses, and more.
How Our Orlando Battery Lawyer Can Help Your Battery on a Police Officer Case
If you’ve been charged with battery on a law enforcement officer, you are likely scared, embarrassed, and concerned for your future. You may be feeling sad, angry, or even hopeless — especially if you didn’t realize your actions constituted a crime.
Remember: Just because you’ve been accused of a crime doesn’t mean you’re guilty of committing it. However, successfully avoiding conviction will require assistance from a top-tier criminal defense law firm like Sergio Cruz Criminal Defense. Unlike most public defenders, our battery lawyers can commit vast amounts of time, resources, and energy to your case to ensure you receive the best outcome possible.
Trust us: You do not want a battery on a law enforcement officer conviction on your record. These charges are typically tried as felonies, meaning if convicted, you will receive the status of a convicted felon. You could lose years in prison, thousands of dollars in fines, and, perhaps, most tragically, the respect of your community.
Fortunately, that doesn’t have to be your fate. Keep reading to learn more about how we can help you defend against these charges and protect your future.
What Is the Law for Battery on a Law Enforcement Officer in Orlando?
According to Florida law, specifically Florida Statute 784.07, battery on a law enforcement officer (LEO) refers to intentionally touching or striking an LEO against their will or causing them bodily harm while they are engaged in the lawful performance of their job duties. It is a type of aggravated battery, and its key elements include the following:
- The victim must be a police officer or law enforcement officer.
- The officer must be performing their lawful duty when the incident occurs.
- The defendant must have known or should have reasonably known that the alleged victim was an officer.
Compared to simple battery, battery of a law enforcement officer carries enhanced penalties because police officers belong to a protected status of victim. Firefighters, emergency medical care providers, public transit employees, correctional officers, and many other public servants have protected victim status in the State of Florida. Committing a violent crime against individuals belonging to these groups while they engaged in the job duties can greatly enhance a defendant’s penalties.
What Are the Penalties for Battery on an Officer?
As stated above, defendants convicted of battery on an officer face severe and enhanced punishments compared to those given for simple battery convictions (which are typically misdemeanors). In Florida, the charge of battery on an LEO is considered a third-degree felony, the penalties for which are as follows:
- Up to five years in state prison
- Up to five years of probation
- Up to $5,000 in fines
- Convicted felon status
- Permanent criminal record
Being a convicted felon is no walk in the park. In many cases, convicted felons lose various constitutional rights, including their right to own a firearm, serve on a jury, and vote. They may also face obstacles to securing housing, employment, and educational opportunities.
How to Defend Against Battery on a Police Charges
Make no mistake: The crime of battery on a LEO is extremely serious. However, successfully defending against this charge is more than doable with help from an experienced criminal defense lawyer in Orlando. The best defense strategy for you depends on the specific details of your criminal case. That being said, there are several effective legal arguments we may be able to make on your behalf, including the following:
- Self-defense. You were protecting yourself from excessive force by the officer and exercised a reasonable degree of force to avoid suffering imminent harm.
- Defense of others. You intervened to protect another person from being harmed by the police officer and exercised a reasonable and appropriate degree of force.
- Lack of intent. The physical contact was only incidental touching, and you did not mean to touch the police officer.
- False accusation. You did not make physical contact with the officer, and your charges are the result of false or exaggerated statements.
- Misidentification. You were not the person who made physical contact with the officer, as evidenced by eyewitness testimony, surveillance footage, and documentation.
If the officer was in plain clothes or off duty at the time of the incident, we may also be able to argue your innocence based on lack of knowledge, i.e., you didn’t realize you were touching a law enforcement officer. Ultimately, there are numerous compelling reasons why you shouldn’t be convicted, and we will help you identify, support, and present them to the court.
Sergio Cruz Criminal Defense: Experienced Criminal Defense Attorneys in Florida
If you’ve been charged with battering an officer while they were performing their legal duty, you need to act fast. The sooner we start preparing your defense, the better shot you have at avoiding conviction, getting your charges reduced, and having them dropped altogether. When you are ready to mount an aggressive defense to protect your future, Sergio Cruz Criminal Defense is here to lead the charge. Contact our law offices today to speak with a knowledgeable attorney.
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