Assault on Law Enforcement
Assault on Law Enforcement Criminal Defense Lawyer in Tampa Bay & Brandon Florida
Many times when someone is getting arrested, fear and anxiety about the situation and going to jail lead people to be less cooperative than police might like and confrontations may ensue. Often, this leads to an additional charge of assault on law enforcement. This charge has severe ramifications, raising the degree of the crime, and providing for stiff penalties.
Under Florida Statute 784.011, "An "assault" is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent." By the very definition of the crime, assault does not require a touching of the other person, just a threat of violence creating a well-founded fear that violence will occur.
For this charge, the victim needs to be law enforcement at the time the crime was committed. Under Florida Statute 784.07, "Law enforcement" includes a law enforcement officer, a correctional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in s. 943.10, and any county probation officer; an employee or agent of the Department of Corrections who supervises or provides services to inmates; an officer of the Parole Commission; a federal law enforcement officer as defined in s. 901.1505; and law enforcement personnel of the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, or the Department of Law Enforcement.
Simple assault on a law enforcement officer raises the crime from a second-degree misdemeanor to first-degree, increasing the possible punishment to up to one year in jail, one year of probation, fines and court costs, investigative costs, and other possible conditions of probation. If the charge is aggravated assault on law enforcement, it raises the level to a second-degree felony, punishable by up to fifteen years in state prison, and three years mandatory minimum prison sentence.
Have you been charged with assault on law enforcement in Tampa Bay? A criminal defense lawyer from The Lawler Firm can help.
If you have been charged with assault or aggravated assault on law enforcement, call The Lawler Firm now for a free no obligation consultation. You will speak to your actual assault criminal defense attorney who will meet with you, even on evenings and weekends. Call Now (813) 413-8828!