Assault or Battery on a Law Enforcement Officer


Assault or Battery on a Law Enforcement Officer

West Palm Beach Assault or Battery of a Law Enforcement Officer Attorney David W. Olson

 

If you were arrested for assault or battery on a law enforcement officer, it is essential to hire an experienced criminal defense attorney who understands how to handle every possible aspect of your defense, ranging from pretrial investigation to negotiations with the prosecutor and everything in between. A conviction for battery on a law enforcement officer can potentially result in a third degree felony, punishable by up to five years in prison.

 

Attorney David W. Olson has more than three decades of experience representing Palm Beach County, Boca Raton, Fort Lauderdale and Miami clients accused of serious felonies and misdemeanors including vehicular homicide, murder, theft offenses, DUI, fraud, marijuana possession, drug trafficking, sex offenses, criminal mischief, juvenile matters, domestic assault and battery, violation of probation and all others. Attorney Olson offers a free consultation to discuss your possible options.

 

Who is a Law Enforcement Officer Under the Statute?

 

Florida Statute 784.07 proscribes the offense of assault or battery of a law enforcement officer. It is important to understand that for purposes of the statute, a law enforcement officer refers to a specific category of individuals who are engaged in the lawful performance of their duties. The list is long and includes, but is not limited to, the following individuals:

  • Emergency medical care provider – ambulance driver, emergency medical technician, paramedic, registered nurse, physician, medical director, or other authorized persons;
  • Firefighter – anyone employed by public employer of state whose duty it is to extinguish fires, protect life or property and enforce fire prevention, etc.;
  • Law enforcement officer – law enforcement, correctional, probation, part time, auxiliary, county probation, Dept. of Corrections employee, supervisor, inmate service provider, Officer of Fl. Commission on Offender Review, federal law enforcement officer, Fish and Wildlife Conservation Commission, Dept. of Law Enforcement, others;
  • Public transit employees or agents – bus drivers, train operators, revenue collectors, security, equipment maintenance personnel, field supervisors who are employees or agents of transit agency, others;
  • Railroad special officer;
  • Others, including traffic accident investigation officer, parking enforcement specialist, blood alcohol analyst, etc.
  • Others as specified in statute.

 

Because police, law enforcement officers, fire fighters, EMT’s, ambulance drivers, correctional officers, probation officers and others have a duty to protect the public, statutes were created to maximize punishment of those who harmed this class and interfered with the lawful execution of duty.

 

  • However, in many instances overzealous authorities have wrongly charged innocent individuals with assault or battery. A successful defense requires the skill of an experienced and capable attorney. Discuss your case with Attorney Olson.

 

Assault of a Law Enforcement Officer

 

For the prosecution to prove Assault of a Law Enforcement Officer, the following six elements must be proven beyond a reasonable doubt.

 

  1. The defendant intentionally and unlawfully threatened, either by word or act, to do violence to the victim;
  2. At the time, the defendant appeared to have the ability to carry out the threat.
  3. The act of the defendant created in the mind of the victim a well-founded fear that the violence was about to take place,
  4. Victim, at the time, was a law enforcement officer (or other in the statute),
  5. Defendant knew victim was a law enforcement officer (or other in the statute),
  6. At the time of the assault, the victim was engaged in the lawful performance of their duty.

 

Possible maximum penalties for Assault on a Law Enforcement Officer, or LEO:

  • First degree misdemeanor, maximum 1 year jail, $1,000 fine

 

Aggravated Assault on a Law Enforcement Officer

 

The following elements must be proven beyond a reasonable doubt – the first three define assault:

  1. Defendant intentionally and unlawfully threatened, either by word or act, to do violence to victim;
  2. At the time, defendant appeared to have the ability to carry out the threat;
  3. The act of the defendant created in the mind of the victim a well-founded fear that the violence was about to take place.
  4. The assault was made with a deadly weapon;
  5. the assault was made with a fully formed conscious attempt to commit (name felony) upon the victim
  6. Victim was at the time a law enforcement officer (or other in statute);
  7. Defendant knew victim was engaged in lawful performance of duty,
  8. Victim was engaged in the lawful discharge of duty

 

Possible maximum penalties:

  • Second degree felony, 15 years prison, $10,000 fine or any combination
  • Minimum term of imprisonment – 3 years

 

Battery on a Law Enforcement Officer

 

The following four elements must be proven beyond a reasonable doubt:

  1. Defendant intentionally touched or struck victim against their will, causing bodily harm;
  2. Victim was a law enforcement officer (or other within statute).
  3. Defendant knew victim was a law enforcement officer (or other covered by statute),
  4. Victim was engaged in the lawful pursuit of their work when the battery was committed.

 

Maximum penalties:

  • Third degree felony, 5 years prions, $5,000 fine or any combination

 

Aggravated Battery on a Law Enforcement Officer

 

Five elements must be proved beyond a reasonable doubt:

  1. Defendant intentionally touched or struck victim against their will, causing bodily harm;
  2. In committing the battery, the defendant intentionally or knowingly caused great bodily harm or permanent injury or permanent disfigurement;

b. Defendant used a deadly weapon

  1. Victim was a law enforcement officer (or other protected by statute)
  2. Defendant knew victim was a law enforcement officer (or other protected)
  3. Engaged in the lawful execution of duty when battery was committed upon him

 

Maximum penalties:

  • First degree felony, 30 years prison, $10,000 fine
  • Minimum term of imprisonment – 5 years

 

Attorney David W. Olson, West Palm Beach Assault or Battery Upon an Officer Criminal Defense

 

Attorney Olson provides aggressive and effective legal representation for clients charged with Assault or Battery of a Law Enforcement Officer and Aggravated Assault or Aggravated Battery of a Law Enforcement Officer, as well as all other felonies and misdemeanors.

 

Attorney Olson is the recipient of numerous professional awards and accolades, including:

  • AV Preeminent Rating – 5 out of a possible 5 – this is a peer-rated award, based on the evaluations of professionals in the legal community, including fellow attorneys and judges and is awarded to only the top 5% of attorneys nationwide
  • “Nation’s Top One Percent” – National Association of Distinguished Counsel
  • “Top 100 Trial Lawyers” – National Trial Lawyers –

 

Client Testimonial:

  • “…after a few months the charges against me were dropped.”
  • “David is not only kind and compassionate, but also knowledgeable, hardworking and trustworthy.”
  • “I have had the pleasure and good fortune of retaining Mr. Olson to retain me and cannot express in too many superlatives how thorough and attentive to my situation he was.”

 

Please always remember that an arrest is not a conviction. Attorney Olson will fight on your behalf for the most favorable outcome possible. In many of Attorney Olson’s cases, the prosecution has dismissed charges entirely. Other cases have resulted in charges not being filed at all.

 

There are numerous favorable alternatives to incarceration that many clients may not be aware of, including pretrial diversion programs and pretrial intervention. Successful completion of pretrial programs results in the dismissal of charges. In other instances a favorable plea negotiation will result in less serious charges. Other alternatives include treatment programs and probation. Discuss your case with Attorney Olson.

 

Attorney Olson represents clients in West Palm Beach, Boca Raton, Delray Beach, Pompano Beach, Fort Lauderdale, Miami and elsewhere in South Florida and throughout the state. For a free case review call The Law Offices of David W. Olson at 561-833-8866.

 

Source

 

Fl. Stat. 784.07 (2015)

Florida Standard Jury Instructions:
8.10 ASSAULT ON LAW ENFORCEMENT OFFICER, FIREFIGHTER, ETC.
8.11 BATTERY ON LAW ENFORCEMENT OFFICER, FIREFIGHTER, ETC.
8.12 AGGRAVATED ASSAULT ON LAW ENFORCEMENT OFFICER, FIREFIGHTER, ETC.
8.13 AGGRAVATED BATTERY ON LAW ENFORCEMENT OFFICER, FIREFIGHTER, ETC.