Battery on Law Enforcement
Battery Attorney in Tampa & Battery Police Defense Lawyer in 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 battery on law enforcement. This charge has severe ramifications, raising the degree of the crime, and providing for stiff penalties.
This crime requires proof that you knew the victim was law enforcement who was in the lawful performance of his or her duties. 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 battery on a law enforcement officer raises the crime from a first-degree misdemeanor to a third-degree felony, punishable by up to five years in state prison, probation, fines and court costs, investigative costs, and other possible conditions of probation. If the charge is aggravated battery on law enforcement, it raises the level to a first-degree felony, punishable by up to thirty years in state prison, and five years mandatory minimum prison sentence.
Have you been charged with battery on law enforcement in Tampa Bay? A criminal defense lawyer from The Lawler Firm can help.
There are many ways to defend a charge of battery on law enforcement. These include showing that there was no knowledge that the victim was law enforcement (undercover detectives), or that the contact was simply the result of a struggle and was accidental. In some cases, the lawfulness of the original detention by the officer can be challenged which could result in dismissal of all charges.
A Tampa Bay battery on law enforcement criminal defense attorney can discuss your options based on the facts of your case.
If you have been charged with battery on law enforcement, call The Lawler Firm now for a free no obligation consultation. You will speak to your actual battery on law enforcement criminal defense attorney who will meet with you, even on evenings and weekends. Call Now (813) 413-8828!