Battery on an Officer Attorney

Hiring an experienced criminal defense lawyer is essential. We have defended hundreds of battery-related cases. Once hired, we will:

  1. Collect and review all written, audio & video evidence;
  2. Find flaw’s in the police officer’s investigation;
  3. Identify all possible defenses;
  4. Qualify you for a pretrial diversion program;
  5. Start negotiating with the prosecutor for a dismissal or reduced charges, and
  6. Do whatever is necessary to avoid a criminal conviction.

VALID DEFENSES TO BATTERY ON AN OFFICER CHARGES

There are numerous battery defenses that may apply to your case. A simple battery charge may be defended by investigating any of the following legal issues:

  • Did you intentionally batter the officer?
  • Was the police officer the aggressor?
  • Are there independent witnesses to the incident?
  • Did the police conduct a thorough and fair investigation?
  • Were pictures taken of either party?
  • Is there a self-defense claim?

CALL AN EXPERIENCED BATTERY CRIMINAL DEFENSE LAWYER

Call Bryce Fetter at 407.740.7275 to discuss your case.  We offer a free consultation so that we can learn about you, learn about your battery charges and determine how we can help.

The State of Florida aggressively prosecutes people charged with battery on an officer charges and Florida law provides for harsh penalties for physically obstructing law enforcement officers and licensed security guards while they are carrying out their official duties.  Hiring a criminal defense lawyer experienced with battery on a law enforcement officer cases is essential.  We have defended hundreds of these cases. Once hired, we will:

  1. Collect and review all written, audio & video evidence;
  2. Identify any possible defenses;
  3. Qualify you for a pretrial diversion program;
  4. Start negotiating with the prosecutor for a dismissal or reduced misdemeanor charges, and
  5. Do whatever is necessary to avoid a felony criminal conviction.

Glass wall in the office building

How is Battery on an Officer Defined in Florida?

Battery on a law enforcement officer is defined in Florida Statute 784.07. The government must prove the following three elements beyond a reasonable doubt for a battery on a law enforcement officer conviction:

  1. The defendant intentionally touches or strikes a police officer against his or her will or causes bodily harm;
  2. The defendant knows that the alleged victim was a law enforcement officer; and
  3. The law enforcement or police officer was engaged in the lawful performance of his or her duties when the defendant committed the battery.

Who is an Officer Under Florida Law?

Under Section 784.07, the term ‘Law enforcement officer’ can include any of the following:

  • City Police Officers
  • Deputy Sheriff’s
  • Correctional officers at the jail
  • Traffic and parking enforcement explorers;
  • Auxiliary law enforcement and correctional officers
  • State and County probation officers;
  • Other  Department of Correction Employees who supervise or provide services to inmates
  • All federal law enforcement officers;
  • Officers of the Florida Fish and Wildlife Conservation Commission

Other Protected Officials Included in Florida Statute 784.07

The special protections extended to police officers under Section 784.07 are also applied to other categories of public officials and public servants. Some of these included categories include:

  • Firefighters
  • Emergency Medical Care Providers
  • Public Transit Employees including bus drivers and train conductor
  • Community College Security personnel

Examples of Battery on a Law Enforcement Officer

Minor actions can form the basis of a battery on an officer allegation in Florid.  Some examples of battery on a police officer are:

  1. Physically struggling with the police officer
  2. Fighting with the officer
  3. Punching or kicking the officer
  4. Struggling with a police officer while being detained

All of these actions can form the basis of a felony “Bat Leo” charge in Orlando, Florida.

Defenses to Battery on a Police Officer

There are numerous defenses available to fight a charge of battery on a police officer. Some available defenses include the following:

Officer Not engaged in Lawful Duty

To support a conviction for battery on a law enforcement officer, the State must prove that, at the time of offense, the officer was lawfully executing a legal duty.  Thus, if an officer is not acting in his or her official capacity as a police officer then a a battery on a police officer conviction cannot be sustained.

Private Employment

Where a police officer is working a special detail he or she may not be engaged in the lawful performance of his or her legal duties.

Incidental Touching

Unintended actions or bodily movements not calculated to make contact with the officer do not meet the basic elements of Battery on a Police Officer.

Reflexive actions

Involuntary actions taken as a reflexive response to pain inflicted by an arrest do not satisfy the intent required for commission of an offense.

Excessive Force

Although an arrest, whether lawful or unlawful, may never be resisted with violence, any excessive force used by the officer may be forcefully defended against by self-defense.

Lack of Intent

Section 784.07 contains an knowledge requirement in that, in order to convict a defendant of the offense, the State must prove beyond a reasonable doubt that the defendant knew the alleged victim was a law enforcement officer.

Self-Defense

Self-defense is applicable to the change of battery on a law enforcement officer as long as the incident does not involve an arrest.

Call an Experienced Orlando Criminal Defense Lawyer

We defend all battery on a law enforcement cases.  Call 407-740-7275 for a free consultation to discuss your case.  Bryce Fetter personally meets with all prospective clients and there is no charge or obligation for a consultation.  We are available to take your call 8AM to 9PM seven days a week.

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