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The criminal charge of battery on a law enforcement officer is a separate offense from a standard assault and battery charge in Florida. This charge carries severe consequences for those convicted that will likely include prison time, expensive fines, and a probationary period. It is vital to retain a criminal defense attorney if you are being investigated or have been arrested for the battery of a law enforcement officer. The lawyers at Hanlon Law have valuable experience defending those accused of this crime and will identify the most vigorous defense possible for your case.
Under Florida Statute 784.07, battery on a Law Enforcement Officer is defined as intentionally touching or striking a law enforcement officer, corrections officer, or other similar public servants against their will while they are performing their official duties.
The charge of battery on a law enforcement officer carries more severe penalties than a regular battery charge because it involves an attack on a public servant who is performing their duties to protect the community. If convicted of battery on a law enforcement officer, a person can face a prison sentence of up to 5 years, a fine of up to $5,000, and a criminal record that can impact their future employment and housing opportunities.
One of the critical factors in a charge for battery on a law enforcement officer is that the defendant must have intentionally touched or struck the victim. This means that the defendant must have intended to cause harm or that their actions were reckless and showed disregard for the victim’s safety. In order to defend against a battery on a law enforcement officer charge, the defendant may argue that they did not intend to cause harm or that they were acting in self-defense.
In a self-defense claim, the defendant must show that they were in reasonable fear of imminent harm and that their actions were necessary to prevent that harm. However, it is important to note that self-defense claims can be complex and challenging to prove, and the defendant has the burden of proving that they were acting in self-defense.
Another possible defense strategy for battery on a law enforcement officer charge is a lack of evidence. In order to prove a battery on a law enforcement officer charge, the prosecution must provide evidence that the defendant intentionally touched or struck the victim, who was a law enforcement officer or seminar public servant, while the victim was performing their official duties. The charge may be reduced or dismissed if the prosecution cannot provide sufficient evidence to support these elements.
The defendant may also argue that they did not know that the victim was a law enforcement officer or that they were performing their official duties. In order for battery on a law enforcement officer charge to be valid, the defendant must have known or should have known the victim was a law enforcement officer or similar public servant performing their official duties. If the defendant did not have this knowledge, the charge might be reduced or dismissed.
The battery on a law enforcement officer is a serious criminal offense in Florida that can result in severe consequences for the accused. It is vital for anyone who is being investigated or has been arrested for this crime to contact an experienced criminal defense attorney to help them understand their rights and formulate a strong defense against the charges. A robust defense can help the defendant combat the charges, reduce their sentence, or have the charges dismissed. The earlier a knowledgeable criminal defense lawyer becomes involved, the more likely they will successfully defend their client. The attorneys at Hanlon Law are committed to protecting the rights of those accused of battery on a law enforcement officer in the Orlando area. We understand that the penalties for these crimes are steep and will do whatever we can to prevent our clients from facing those.
If you are facing battery on a law enforcement officer in the Orlando area,
contact Hanlon Law to hire a criminal defense attorney today.
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