Battery on a Law Enforcement Officer in Orlando
Battery is a serious criminal offense on its own, but when it involves a law enforcement officer, the consequences become more serious. Battery on a law enforcement officer occurs when an individual, according to Florida Statute 784.07(2):
- Touches or strikes a law enforcement officer intentionally;
- While the law enforcement officer was in the process of executing his or her legal duties.
Unfortunately, leniency is not generally available in a battery case involving a law enforcement officer, although it may be in other cases involving battery. In Florida, the crime of battery on a law enforcement officer is a third-degree felony that is vigorously prosecuted. When a civilian is accused of battering a policeman or other officer who is carrying out his/her duties in enforcing the law, it is a serious situation which requires the legal guidance of a skilled defense attorney.
Battery on Law Enforcement Officer Attorney in Orlando
At Adams & Luka, our top priority is protecting your legal rights and helping you avoid prison time, steep fines, and other criminal penalties. You may have been wrongly accused, or there may have been mitigating circumstances. Regardless of the situation, it is critical that you obtain the legal guidance and support of a skilled battery on a law enforcement officer defense lawyer.Defenses to Battery on a Law Enforcement Officer in Orlando
Law enforcement officers are not only police officers, but probation and correctional officers, law enforcement agency employees who work part-time or on an auxiliary basis, and more. Depending on the facts of your case, there are a variety of defense strategies that may be effective. These include:
- Self Defense. There are situations in which an officer may commit an unlawful action such as unlawfully detaining an individual, frisking someone, or entering a private home unlawfully. Even when an officer uses unreasonable force and you fear great bodily harm, it is important to note that if you use force against a law enforcement officer, you do so at your own risk.
- Officer's Status Unknown. In order to be found guilty of battery of a law enforcement officer, it must be proven that you had reason to know that the person you battered, or the "victim," was a legitimate officer and not a person who was impersonating a law enforcement officer.
- On the Job. When a law enforcement official is working for a private employer, for instance as a security guard at a mall or at a bar, he or she may not actually be considered as "engaged in the performance of a lawful duty" at the time the battery took place. When an officer is simply "on the job" it may be a viable defense.
Under Florida's Criminal Punishment Code, battery on a law enforcement officer is assigned a level 4 offense severity ranking. If found guilty, a judge may impose any or all of the below penalties:
- A maximum of five (5) years in prison
- A maximum of five (5) years probation
- Fines of up to $5,000
As you can see, the criminal penalties for a conviction are extremely harsh, and will affect not only your freedom, but your career, future, and reputation. It is vital that you consult with our seasoned criminal defense attorneys immediately.Contact Adams & Luka Now
Battery on a law enforcement officer is an extremely serious charge, one that requires skilled legal guidance and support in order to reach positive results. At Adams & Luka, we fight vigorously on behalf of every client we represent, and are committed to the best possible outcome. Contact us immediately for exceptional legal representation.