Violent Battery Criminal Charges

Assault or Battery of a Law Enforcement Officer

The City of Miami has one of the largest police forces in the State of Florida. There are hundreds of crimes committed a day, and it could be that the arresting police officer entices a person in such a manner that the person retaliates. It can be that the acts or words an officer says to person could aggravate someone to cause bodily harm on an officer. Of course, a reasonable person would never attempt to hurt a police, considering that the public believes the officers' duties are to help its citizens. If you have been charged with Assault or Battery of a Law Enforcement officer, you have the option to take the case to trial. The attorney will have an opportunity to take oral testimony of the officer(s) and cross-examine them in trial. Your attorney is the only one in your corner capable of assisting you with your problems. It is the duty of the Prosecutor to prove the charges against you, and to prove the criminal violation of Assault on a Law Enforcement Office, Firefighter, Emergency Medical Care Provider, Traffic Accident Investigation Officer, Traffic Infraction Enforcement Officer, Parking Enforcement Specialist, or Security Officer employed by the Board of Trustees of a Community College, the State Attorney must prove beyond a reasonable doubt that the criminal suspect intentionally and unlawfully threatened, either by word or act, to do violence to the victim, that at the time, the criminal suspect appeared to have the ability to carry out the threat, that the act of the criminal suspect created in the mind of the victim a well founded fear that the violence was about to take place, that the victim was at the time a law enforcement officer, firefighter, emergency medical care provider, traffic accident investigation officer, traffic infraction enforcement officer, parking enforcement specialist, or security officer employed by the board of trustees of a community college, that the criminal suspect knew the victim was a law enforcement officer, firefighter, emergency medical care provider, traffic accident investigation officer, traffic infraction enforcement officer, parking enforcement specialist, or security officer employed by the board of trustees of a community college, and that at the time of the assault, the victim was engaged in the lawful performance of his or her duties. To prove the criminal violation of Battery on a Law Enforcement Officer, Firefighter, Emergency Medical Care Provider, Traffic Accident Investigation Officer, Traffic Infraction Enforcement Officer, Parking Enforcement Specialist, or Security Officer Employed by the Board of Trustees of a Community College, the State Attorney must prove beyond a reasonable doubt that the criminal suspect intentionally touched or struck the victim against his or her will, that the touch or strike caused bodily harm to the victim, that the victim was a law enforcement officer, firefighter, emergency medical care provider, traffic accident investigation officer, traffic infraction enforcement officer, parking enforcement specialist, or security officer employed by the board of trustees of a community college, that the criminal suspect knew the victim was a law enforcement officer, firefighter, emergency medical care provider, traffic accident investigation officer, traffic infraction enforcement officer, parking enforcement specialist, or security officer employed by the board of trustees of a community college, and that the victim was engaged in the lawful performance of his or her duties when the battery was committed.

If you have been charged with striking or attempting to strike a police officer in Miami, Fort Lauderdale, or any other part of Broward County or Miami Dade County or anywhere in the State of Florida, call our offices of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A. for a free consultation 24 hours per day seven days per week with a criminal defense attorney regarding your rights.

784.07 Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.

For your reference, this is the Florida Statute associated with this crime.

(1) As used in this section, the term:

(a) "Law enforcement officer" includes a law enforcement officer, a correctional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in s. 943.10, and any county probation officer; employee or agent of the Department of Corrections who supervises or provides services to inmates; officer of the Parole Commission; and law enforcement personnel of the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, or the Department of Law Enforcement.

(b) "Firefighter" means any person employed by any public employer of this state whose duty it is to extinguish fires; to protect life or property; or to enforce municipal, county, and state fire prevention codes, as well as any law pertaining to the prevention and control of fires.

(c) "Emergency medical care provider" means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician as defined in s. 401.23, medical director as defined in s. 401.23, or any person authorized by an emergency medical service licensed under chapter 401 who is engaged in the performance of his or her duties. The term "emergency medical care provider" also includes physicians, employees, agents, or volunteers of hospitals as defined in chapter 395, who are employed, under contract, or otherwise authorized by a hospital to perform duties directly associated with the care and treatment rendered by the hospital's emergency department or the security thereof.

(d) "Public transit employees or agents" means bus operators, train operators, revenue collectors, security personnel, equipment maintenance personnel, or field supervisors, who are employees or agents of a transit agency as described in s. 812.015(1)(l).

(2) Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, a traffic accident investigation officer as described in s. 316.640, a traffic infraction enforcement officer as described in s. 316.640, a parking enforcement specialist as defined in s. 316.640, or a security officer employed by the board of trustees of a community college, while the officer, firefighter, emergency medical care provider, intake officer, traffic accident investigation officer, traffic infraction enforcement officer, parking enforcement specialist, public transit employee or agent, or security officer is engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows:

(a) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

(b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

(c) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of 3 years.

(d) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. Notwithstanding any other provision of law, any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a minimum term of imprisonment of 5 years.

(3) Any person who is convicted of a battery under paragraph (2)(b) and, during the commission of the offense, such person possessed:

(a) A "firearm" or "destructive device" as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 3 years.

(b) A semiautomatic firearm and its high-capacity detachable box magazine, as defined in s. 775.087(3), or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 8 years. Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.

Disclaimer
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature.

If you have been charged with Assault or Battery of a Law Enforcement Office in the State of Florida, please do not hesitate to call our Firm, and speak to any one of our experienced attorneys. If you have been charged in Miami Dade County, Fort Lauderdale, or Broward County, or anywhere in the State of Florida, call The Law Firm of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A. at 1-800-226-9550, or locally at 305-858-9550.

Call today for a free consultation if you or a loved one are in need of a criminal defense attorney in Aventura, Bal Harbour, Bay Harbor Islands, Biscayne Park, Boca Raton, Broward County, Coconut Grove, Cooper City, Coral Gables, Coral Springs, Cutler Bay, Dade County, Davie, Doral, El Portal, Florida City, Fort Lauderdale, Golden Isles, Goulds, Hialeah, Hieleah Gardens, Hollywood, Homestead, Indian Village, Islandia, Kendall, Key Biscayne, Leisure City, Medley, Miami, Miami Beach, Miami Gardens, Miami Lakes, Miami Shores Village, Miami Springs, Miramar, North Bay Village, North Miami, North Miami Beach, Opa-Locka, Palm Beach County, Palmetto Bay, Pinecrest, Pinewood, Plantation, Princeton, Richmond Heights, South Miami, Sunny Isles Beach, Surfside, Sweetwater, Virginia Gardens, West Miami, Westchester, Weston, Westwood Lake or any other city in South Florida, throughout the state and throughout the United States.

“Disclaimer: The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. Contact the experienced criminal defense attorneys of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A. 24 hours a day, 7 days a week, toll free at (866) 262-4874 begin_of_the_skype_highlighting              (866) 262-4874      end_of_the_skype_highlighting or locally at (305) 858-9550.

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Call today for a free consultation with a Miami Criminal Lawyer if you or a loved one are in need of a criminal defense attorney in Aventura, Bal Harbour, Bay Harbor Islands, Biscayne Park, Boca Raton, Broward County, Coconut Grove, Cooper City, Coral Gables, Coral Springs, Cutler Bay, Dade County, Davie, Doral, El Portal, Florida City, Fort Lauderdale, Golden Isles, Goulds, Hialeah, Hieleah Gardens, Hollywood, Homestead, Indian Village, Islandia, Kendall, Key Biscayne, Leisure City, Medley, Miami, Miami Beach, Miami Gardens, Miami Lakes, Miami Shores Village, Miami Springs, Miramar, North Bay Village, North Miami, North Miami Beach, Opa-Locka, Palm Beach County, Palmetto Bay, Pinecrest, Pinewood, Plantation, Princeton, Richmond Heights, South Miami, Sunny Isles Beach, Surfside, Sweetwater, Virginia Gardens, West Miami, Westchester, Weston, Westwood Lake or any other city in South Florida, throughout the State or all over the country.”