Assault / Battery of Law Enforcement Officer
Assault and battery are two separate criminal charges that are serious enough on their own, but the nature of the possible consequences becomes much more severe when the alleged victim is a law enforcement officer (commonly abbreviated as LEO) or other protected class of individuals. Prosecutors aggressively seek maximum punishments in these cases.
Some people are charged with these types of crimes as the result of purely incidental contact with police officers or even acts of self-defense. One of the key elements of assault or battery on LEO offenses that the prosecutor must prove beyond a reasonable doubt is that the alleged victim was engaged in the lawful performance of his or her duties at the time of the alleged offense.
Attorney for Assault / Battery of Law Enforcement Officer in Brooksville, FL
If you were arrested in Central Florida for an alleged battery or assault on an LEO, firefighter, or other protected class, it is in your best interest to immediately retain legal counsel. Ashley M. Aulls, P.A. aggressively defends clients accused of crimes of violence all over Citrus County, Hernando County, Pasco County, and Sumter County.
Brooksville criminal defense lawyer Ashley Aulls can fight to possibly get your criminal charges reduced or dismissed. Call (352) 593-4115 right now to have our attorney review your case and help you understand all of your legal options during a free, confidential consultation.
Florida Assault / Battery of Law Enforcement Officer Information Center
- Which types of officers does this state law apply to?
- What are the consequences of being convicted of these kinds of crimes?
- Where can I find more information about assault and battery of law enforcement officer in Brooksville?
An alleged offender can be charged with assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers under Florida Statute § 784.07 if he or she knowingly commits an assault or battery upon any of the following:
- A law enforcement officer;
- A firefighter;
- An emergency medical care provider;
- A railroad special officer;
- A traffic accident investigation officer as described in Florida Statute § 316.640;
- A nonsworn law enforcement agency employee who is certified as an agency inspector;
- A blood alcohol analyst;
- A breath test operator while such employee is in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who is detained or under arrest for dui;
- A law enforcement explorer;
- A traffic infraction enforcement officer as described in Florida Statute § 316.640;
- A parking enforcement specialist as defined in Florida Statute § 316.640;
- A person licensed as a security officer as defined in Florida Statute § 493.6101 and wearing a uniform that bears at least one patch or emblem that is visible at all times that clearly identifies the employing agency and that clearly identifies the person as a licensed security officer; or
- A security officer employed by the board of trustees of a community college, while the officer, firefighter, emergency medical care provider, railroad special officer, traffic accident investigation officer, traffic infraction enforcement officer, inspector, analyst, operator, law enforcement explorer, parking enforcement specialist, public transit employee or agent, or security officer is engaged in the lawful performance of his or her duties.
Assault or battery on LEO offenses are subject to the same enhancements as traditional assault and battery offenses, meaning that an alleged assault committed upon an LEO with a deadly weapon without intent to kill or with an intent to commit a felony will result in aggravated assault on LEO charges. An alleged offender who commits battery committed upon an LEO and intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon will be charged with aggravated battery on an LEO.
Assault and battery on LEO offenses are generally reclassified as follows:
- Assault on LEO — First-degree misdemeanor punishable by up to one year in jail and/or fine of up to $1,000;
- Battery on LEO — Third-degree felony punishable by up to five years in prison and/or fine of up to $5,000;
- Aggravated Assault on LEO — Second-degree felony punishable by a minimum of three years up to 15 years in prison and/or fine of up to $10,000; and
- Aggravated Battery on LEO — First-degree felony punishable by a minimum of five years up to 30 years in prison and/or fine of up to $10,000.
Florida Statute § 784.07(3) further states that an alleged offender who is convicted of battery on an LEO and, during the commission of the alleged offense, possessed a firearm or destructive device will be sentenced to a minimum term of imprisonment of three years. If a person convicted of the same crime possessed a semiautomatic firearm and its high-capacity detachable box magazine, or a machine gun during the commission of the alleged offense, that individual will be sentenced to a minimum of eight years in prison.
Chapter 8 | Florida Standard Jury Instructions — On this section of the Florida Supreme Court website, you can view the full text of the standard jury instructions for assault, battery, aggravated assault, and aggravated battery on law enforcement officer, firefighter, etc. offenses. You can also read applicable definitions and find information about lesser included offenses. Jury instructions often have to be tailored to the specific elements of a criminal case and are rarely used verbatim, but they still provide a general idea of what a jury will be asked to consider.
Tillman v. State, 934 So.2d 1263, 1266 (Fla. 2006) — The Supreme Court of Florida issued its decision in this case after the Fifth District Court of Appeal’s decision in Tillman v. State, 807 So. 2d 106 (Fla. 5th DCA 2002) expressly and directly conflicted with the First District Court of Appeal’s decision in Taylor v. State on the issue of whether Florida Statute § 776.051(1), “which prohibits the use of force to resist an arrest notwithstanding the illegality of the officer's actions, extends to other types of police-citizen encounters.” The Supreme Court approved the First District Court of Appeal's decision in Taylor and quashed the Fifth District's decision in Tillman, concluding “that the statute, by its plain terms, applies only to arrest situations.” The Supreme Court further noted that in non-arrest cases, in order to convict a defendant of battery on a law enforcement officer and resisting an officer with violence, “the State must prove that the officer was ‘engaged in the lawful performance of his or her duties’ or ‘in the lawful execution of any legal duty.’”
Ashley M. Aulls, P.A. | Brooksville Assault / Battery of Law Enforcement Officer Defense Lawyer
Were you recently arrested for alleged battery or assault on an LEO anywhere in Central Florida? Do not say anything to authorities without legal representation. Contact Ashley M. Aulls, P.A. as soon as possible.
Ashley Aulls is an experienced criminal defense attorney in Brooksville who represents individuals in communities throughout Hernando County, including New Port Richey, Spring Hill, Weeki Wachee, Wildwood, Brooksville, Inverness, and many others. You can have our lawyer provide an honest and thorough evaluation of your case when you call (352) 593-4115 or complete an online contact form to receive a free initial consultation.