Assault and battery on a law enforcement officer is separate charge, with more serious penalties than the standard assault and battery charge, that is filed against someone who is accused of attacking a police officer. People are often surprised about the actions that can actually constitute assault and battery on a police officer. A person does not have to attack a police officer to be charged with this crime. Shoving or even touching a law enforcement officer is all that it takes.
Charged with Battery on a Law Enforcement Officer
There are many different scenarios where someone is charged with battery on a law enforcement officer or resisting arrest, ranging from kicks to punches, to even a touch on the officer's arm. The degrees of battery on law enforcement vary in their intensity. Unfortunately, you can touch an officer without consent and still be charged with the same offense as if someone bit an officer, which is obviously a lot more serious.
The degree of the felony is very serious because if you're planning on becoming a professional, or if you are a professional, you can lose your license, or lose your ability to even become a professional with that charge. If you're an illegal alien, you could face deportation because of that charge.
If your words are threatening and in addition to those words you take some physical act, like a step forward towards the police officer, or if you raise your arms for police officers while you're threatening them, you could be charged with assault on a police officer.
Battery on a Law Enforcement Officer Penalties in Florida
Battery on a law enforcement officer in the state of Florida is a third degree felony, punishable up to five years in prison and a $5,000 dollar fine. Those are the maximum penalties that one faces when being arrested for that charge.
The typical sentence varies a great deal. In most cases, the person is looking at probation, community service hours, a letter of apology, and maybe counseling. In many cases, the battery on a law enforcement officer can actually be reduced to a simple misdemeanor called battery.
Repeat Offenders: Battery on a Law Enforcement Officer
When you see repeated behavior, when someone has been in and out of the system for resisting arrest without violence, there is a possibility that at the very least there is a problem with authority, or anger. That's why, in those cases, you'll sometimes see the prosecutors asking for jail time or heavy duty anger management counseling. In those cases, when we have people repeatedly charged with resisting arrest without violence, what we do in many cases is immediately get them in for a forensic counseling, to kind of get to the root of their behavior and perhaps to diagnose them with a psychological condition as it relates to their failure, or their inability, to deal with authority.
Assault on an Officer Defense Strategies
Do you believe that you were simply taking actions to protect yourself when a police officer attacked you in a heated situation? Did the police officer use force without reason? Was pepper spray used during your arrest? We have found that many instances of assault and battery against a law enforcement officer are simply matters of people defending themselves.
Perhaps the assault and battery did not happen, and it was made up by the police officer to justify another criminal charge against you. What evidence do the police have? We will obtain witness statements. If there is no evidence that the alleged assault and battery took place, we will seek to have the charge thrown out. Then we will attack any other charges the police have filed against you. Our attorneys will investigate and design a successful criminal defense for you case.
Contact The Umansky Law Firm
At The Umansky Law Firm, our criminal attorneys understand the types of one-time mistakes that can often lead to these unique assault and battery charges. You deserve a second chance. We are committed to giving second chances to clients in Orlando and throughout Central Florida. Contact us to schedule a free initial consultation.
To Claim Your Free Case Review
- Police Report Review
- Strategic Planning Tool
- The Guide to Getting Through My Arrest and Charges