Battery on a Police Officer in Florida | Definition, Penalties, & Defenses

David Weisselberger | November 7, 2023

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Committing battery against a police officer is a serious criminal offense in Florida that can result in severe consequences, including years of imprisonment and hefty fines. This crime involves intentional physical touching, contact, or assault on a law enforcement officer while they are performing their official duties. 

In this article, we will delve into the definition of police officer battery, the elements that constitute this offense, the penalties that one might face if convicted, available defenses, and how Erase the Case can assist individuals facing such charges.

What Is Battery on a Police Officer?

In Florida, Battery on a police officer is a criminal offense involving physical contact or assault on a law enforcement officer. At the same time, if they are engaged in their official duties, this offense is considered a third-degree felony, the most severe category of crimes in the state. 

If convicted, individuals can face severe consequences, including up to five years in state prison and a maximum fine of $5,000. It is crucial to understand the elements of this crime and the potential penalties before discussing defenses.

What Are The Elements of the Crime of Battery on a Police Officer?

To be charged with battery on a police officer in Florida, certain elements must be present. These elements typically include:

Physical Contact

The offender must have made intentional physical contact with the law enforcement officer. This could involve striking, hitting, or touching the officer in a harmful or offensive manner.

Knowledge of the Victim's Status

The offender must have been aware that the person they assaulted or touched was a law enforcement officer engaged in their official duties.

Official Duty

The officer must have been actively performing their official duties when the assault or physical contact occurred.

Who Are the Law Enforcement Officers?

Law enforcement officers include a wide range of professionals who serve to maintain law and order. These may include police officers, sheriffs, deputies, correctional officers, and even probation officers. 

Engaging in any form of attack against these individuals during the execution of their official duties can result in being charged with battery on a police officer.

What Are the Penalties for Battery on Police Officers?

The consequences for battery on a police officer in Florida can be harsh, as stipulated in Section 784.07 of the Florida Statutes. In the event of a conviction, individuals may be subjected to the following penalties:

Imprisonment

Should individuals be convicted of battery on a police officer, they may face a maximum prison term of five years for third-degree felony convictions.

Fines

In addition to imprisonment, individuals can be fined up to $5,000 for committing this crime.

Probation

The court may impose probation as part of the sentence, which requires regular check-ins with a probation officer, adherence to certain conditions, and restrictions on one's freedom.

Criminal Record

Being convicted of battery on a police officer may result in a permanent criminal record, and this can have enduring consequences for an individual's personal and career prospects.

Loss of Civil Rights

Convictions for felonies can entail the forfeiture of specific civil rights, including the privilege to vote and possess firearms.

Given the significant penalties associated with this offense, individuals charged with battery on a police officer should seek legal counsel and explore potential defenses.

Expunging Your Records with EraseTheCase

What Are the Defenses for Battery on a Law Enforcement Officer?

If you face a battery on a police officer, it can be a daunting prospect. Still, there are several defenses that can be employed to mitigate or potentially dismiss the charges. These defenses include:

Self-Defense

A viable defense may be presented if the accused can establish that they were acting in self-defense or protecting others from potential harm.

Lack of Intent

Proving that the physical contact with the officer was accidental and lacked the intent to harm or offend can be a valid defense.

False Accusations

In some cases, false accusations or mistaken identity can lead to unwarranted charges. Establishing that the allegations are unfounded is a strong defense strategy.

Violation of Rights

If the arresting officer violated the accused's constitutional rights during the arrest or investigation, this can be used as a defense to challenge the charges.

Excessive Use of Force

If the law enforcement officer used excessive force during the arrest, arguing that the accused acted in self-defense or response to an excessive use of force may be a viable strategy.

Mental Incapacity

In some instances, the accused may have been grappling with a mental disorder that hindered their comprehension of their actions or the potential consequences of those actions.

Also Read: What Is Felony Battery?

How Erase The Case Can Help?

Erase the Case is a legal services provider helping individuals facing criminal charges, including battery on a police officer. They offer legal support, advice, and representation to navigate the complexities of the legal system and protect individuals' rights. 

Whether you need guidance on your defense strategy, legal advice, or representation in court, Erase the Case can assist you in your legal journey.

FAQ

Is battery on a law enforcement officer a felony in Florida?

Yes, battery on a police officer is classified as a third-degree felony in Florida, one of the most serious categories of crimes in the state.

What is the sentence for battery on a law enforcement officer in Florida?

Individuals convicted of battery on a police officer can face up to five years in state prison and a maximum fine of $5,000.

How serious is a battery charge in Florida?

Battery charges in Florida are taken very seriously, particularly when they involve law enforcement officers. A conviction can have significant consequences, including imprisonment and a permanent criminal record. Yet, don’t lose hope. You may be eligible for expungement. 

Can battery charges be dropped in Florida?

The decision to drop or dismiss battery charges in Florida is typically at the discretion of the prosecuting attorney or the court. This may depend on the strength of the evidence, the presence of valid defenses, or negotiations with the prosecution.

Also Read: What Is No Contact Order in Florida?

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David Weisselberger
Author | Founder
"David Weisselberger is the founder of Erase The Case. He completed his Bachelor of Arts at the University of Florida, & also his Juris Doctor from UM School of Law. Afterwards, He has been working as a former Miami-Dade County Assistant Public Defender. Also, as a solo lawyer and former associate at South Florida’s honored Saban & Solomon Law Firm. He has learned firsthand the effects people face from having a public criminal arrest record mark their lives. Therefore, David has always been working hard to help people get rid of haunting crimnal past and have a second chance in life"

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