Assault or Battery of a Law Enforcement Officer, Firefighter

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Assault or Battery of a Law Enforcement Officer, as defined by Florida Statute § 784.07, involves the criminal act defined as Assault or Battery with the additional condition that the victim is a law enforcement or other official public officer engaged in the lawful performance of their duties. 

The State’s attorney first must prove beyond a reasonable doubt all elements of the relevant crime:

• Assault; or 
• Aggravated Assault; or 
• Battery; or
• Aggravated Battery.

In addition to proving the elements of the relevant crime, the State’s attorney also must prove beyond a reasonable doubt the following three (3) of elements:

(1) The victim was a law enforcement officer, firefighter, emergency medical care provider, public transit employee or agent, or other official public officer of the State of Florida.

(2) The defendant knew the victim was a law enforcement officer, firefighter, emergency medical care provider, public transit employee or agent, or other official public officer of the State of Florida.

(3) The victim was engaged in the lawful performance of their official duties at the time the crime occurred.

Whenever a person is charged with knowingly committing an Assault or Battery, or Aggravated Assault or Aggravated Battery, upon an officer of the state engaged in the lawful performance of their duties, the offense is reclassified to the next higher degree: 

Assault of a Law Enforcement Officer is a misdemeanor of the first degree punishable by up to 1 year in prison and a fine of up to $1,000.

Battery of a Law Enforcement Officer is a felony of the third degree punishable by up to 5 years in prison and a fine of up to $5,000.

Conviction for a Battery while possessing, not using, but possessing a “firearm” or “destructive device” is punishable by no less than a minimum term of imprisonment of 3 years. If they possess a semiautomatic firearm or a machine gun, then it is punishable by no less than a minimum term of imprisonment of eight (8) years according to statute. However, I would note that an eight (8) year sentence would seemingly exceed the maximum sentence.

Aggravated Assault of a Law Enforcement Officer is a felony of the second degree punishable by a minimum of three (3) years and up to 15 years in prison and a fine of $10,000.

Aggravated Battery of a Law Enforcement Officer is a felony of the first degree punishable by a minimum of five (5) years in prison and up to 30 years in prison and a fine of up to $10,000.

Note: Any defendant previously convicted of any combination of two or more felonies in Florida who is subsequently convicted of another felony is subject to enhanced penalties or a mandatory minimum prison term as provided in § 775.084.  

The same defenses which are available when defending an Assault, Battery, Aggravated Assault, or Aggravated Battery remain available to one accused of attacking a law enforcement officer. For example:

• Self Defense or Defense of Other(s) from an immediate attack
• Both parties involved in the altercation are officers of the State
• Stand Your Ground 
• False accusation / misidentification 
• Circumstances would have prevented carrying out the alleged assault, for example too great a distance or barriers 
• The defendant’s actions were purely accidental with no intention to cause bodily harm 

In addition, one can defend against the elements added under Florida Statute § 784.07. The status of an individual as a law enforcement officer or firefighter may seem like a no-brainer. However, there have been cases where the status of the alleged was in question due to failure of the victim to maintain licensure requirements. It may well turn out they are no longer legally a law enforcement officer or status individual. 

Knowledge of the individual’s status is also a potential inroad to a defense. In one case, I argued that a client who awoke after a DUI accident was unaware it was paramedics holding him down. Other cases may involve plain clothes officers who did not adequately identify themselves.

Another common angle of attack is whether they were engaged in a lawful duty. Referring back to that case wherein a client woke up in the care of paramedics. When paramedics tried to restrain him, though he showed no injuries, I argued he had a right to refuse care and they had no right to restrain him. They were not engaged in a legal duty, I would argue. Other cases result from the police investigating one crime for which they never arrest or charge, but a conflict arises in the course of their investigation. Depending on timing, it could be argued that the investigation has ended and they have no continuing lawful right to detain the accused. Of course, these are just limited examples. Engaging the help of an experienced attorney can help to find the holes in the State’s case. 

If you or a loved one has been accused of a crime of Assault or Battery of a Law Enforcement Officer, we can help. We will gladly meet with you in our office in Fort Lauderdale or West Palm Beach. We serve clients all over Florida, with a focus in South Florida, including Miami-Dade County, Broward County, and Palm Beach County. Contact us now for your free consultation.