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Battery On a Law Enforcement Officer In Florida

Orlando Attorney


Battery on a law enforcement officer is a separate charge, with more serious penalties than the standard assault and battery charge, as it is filed against someone who is accused of attacking a police officer. People are often surprised by the actions that can actually constitute battery on a law enforcement officer. For instance, a person does not actually have to attack the officer to be charged with this crime. Shoving or even touching a law enforcement officer is all that it takes.

Florida Battery on a Police Officer Charges

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 already are a professional, you can lose your license, or lose your ability to even apply for a license with that charge. If you’re an illegal alien, you could face deportation.

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 battery on law enforcement.

Penalties for Battery on Law Enforcement Charges 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.

Recent Case Result

Aggravated Assault With a Firearm

The Umansky Law Firm represented a client in Osceola County accused of Aggravated Assault with a Firearm. The minimum mandatory sentence for this alleged offense is 20 years in prison. The allegation was that our client shot a firearm towards the alleged victim – therefore Florida’s “10/20/Life” sentencing provisions applied. We contacted the alleged victim, who stated she did not want to prosecute. We prepared an affidavit from the alleged victim to the prosecutor stating her desire to have the charges dropped. On the day of trial, we were successful in getting the charges dropped against our client after the prosecutor dismissed the charges!

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. However, with the help of an attorney, these charges can actually be reduced to a simple misdemeanor called battery.

Repeat Offenders: Battery on a Law Enforcement Officer

When you see repeated behavior, like someone who 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 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.

Strategies for Defending Battery on a Police Officer Charges

We have found that many instances of assault and battery against a law enforcement officer are simply matters of people defending themselves. Ask yourself,

  • 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?

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 defense for your 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.

Recent Criminal
Case Results

Burglary of Dwelling; Petit Theft

Withhold with 6 months probation and impulse control; adjudication withheld

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped


Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed


Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication


Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped


Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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