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.

How is Battery on an Officer Defined

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:

• The defendant intentionally touches or strikes a police officer against his or her will or causes bodily harm;
• The defendant knows that the alleged victim was a law enforcement officer; and
• The law enforcement or police officer was engaged in the lawful performance of his or her duties when the defendant committed the battery.
• Click here for the Full Florida standard  jury instructions

Who is an Officer Under Florida Law?

Florida law designates several occupations as a law enforcement officer. Types of officers defined under Florida law can include parking enforcement officers and probation officers, not just sworn police officers. Under Section 784.07, the term ‘Law enforcement officer’ can include any of the following:

• City Police Officers or deputy sheriffs
• Correctional officers at the jail and other department of correction employees
• Traffic and parking enforcement explorers
• Auxiliary law enforcement and correctional officers
• State and County probation officers
• All federal law enforcement officers
• Officers of the Florida Fish and Wildlife Conservation Commission
• Firefighters or 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 Florida.  Some examples of battery on a police officer are:

• Physically struggling with the police officer
• Fighting with the officer
• Punching or kicking the officer
• 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:

• No battery happened
• Officer not engaged in lawful duty
• Complainant is a private employee and not an officer under the statue
• The incident was merely incidental touching
• Self- defense against excessive force
• Lack of intent

Penalties for battery on a law enforcement office

Battery on a law enforcement officer in the state of Florida is a third-degree felony that is punishable by up to 5 year in prison and up to a $5,000 fine. Other penalties include:

• Community control, house arrest or standard probation
• Anger management class or other educational classes
• Individual or group counseling
• Letter of apology
• Random drug or alcohol testing
• Community service

Call an Experienced Orlando Criminal Defense Lawyer

I defend all battery on a law enforcement officer cases. If you were recently arrested or charged with any Florida battery offense, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.