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Battery on a Law Enforcement Officer

Battery on a law enforcement officer is a more serious criminal charge than battery on someone who is not an officer. Under Section 784.07(2)(b) of the Florida Statutes, battery on a law enforcement officer is a third-degree felony, while battery on a non-officer is a first-degree misdemeanor.

Aggravated battery on a law enforcement officer (F.S. § 784.07(2)(d)) is also an upgraded charge — a first-degree felony — while aggravated battery on a non-officer is a lesser second-degree felony.

Sometimes called "Battery on a LEO," a conviction may result in a lengthy prison sentence and a heavy fine.

Attorney for Battery and Aggravated Battery on a LEO in Miami, FL

If you were arrested for Battery on a Law Enforcement Officer under F.S. § 784.07(2)(b) or Aggravated Battery on a Law Enforcement Officer under F.S. § 784.07(2)(d), then you should consult with a criminal defense attorney about your case as soon as possible.

An experienced attorney familiar with defending against accusations of battery or aggravated battery on a LEO can assist you in your defense. There may be possible defenses to the charge or other evidence may be uncovered that leads to a reduction or dismissal of the charges.

Hubbs Law is experienced in handling charges of battery or aggravated battery on a LEO throughout the Miami area. E.J. Hubbs represents people throughout Miami-Dade County, including Hialeah, Miami Gardens, Miami Beach, Coral Gables, Kendall, Homestead, Tamiami, Doral, Fontainebleu, North Miami, South Miami and anywhere else in the Greater Miami area.

E.J. Hubbs is "Board Certified" by the Florida Bar in the practice of criminal trial law. Board certification is reserved only for attorneys that complete the stringent board certification requirements of the Florida Bar.  Only 1 percent of attorneys in Florida meet these requirements for criminal trial law. 

Contact Hubbs Law at (305) 615-5945 today to schedule an appointment with our qualified attorney, who will explain all the aspects of your case, including the charges, penalties, and possible defenses that may apply. Your initial consultation is free. Call Hubbs Law today at (305) 615-5945 to begin a vigorous criminal defense.


Battery or Aggravated Battery on a LEO in Miami, FL

When the alleged victim of a battery or aggravated battery charge is a law enforcement officer, Florida law reclassifies the charge as more serious because the alleged victim wore a badge and was engaged in the lawful performance of his or her duties. (See Knowles v. State, 65 So. 3d 597, 598-99 (Fla. 4th DCA 2011).)

According to the Florida Statutes, Title XLVI, Chapter 784, Section 784.07, a law enforcement officer includes:


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Definitions of Battery and Aggravated Battery in Miami, Florida

Section 784.03 of the Florida Statutes defines "battery" as when a person:

Section 784.045 of the Florida Statutes defines "aggravated battery" as:

A "deadly weapon" is defined as a weapon that "is used or threatened to be used in a way likely to produce death or great bodily harm."


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Elements to Prove for a Conviction of Battery or Aggravated Battery on a LEO in Miami, FL

The Florida Supreme Court's Standard Jury Instructions in Criminal Cases, Section 8.11, require that for a person to be convicted of battery on a law enforcement officer, the state prosecutor must prove the following four elements beyond a reasonable doubt:

The Florida Supreme Court's Standard Jury Instructions in Criminal Cases, Section 8.13, require that for a person to be convicted of aggravated battery on a law enforcement officer, the state prosecutor must prove the following five elements beyond a reasonable doubt:

Note:  The law enforcement officer should not be referred to by name when jury instructions are given for battery on a LEO or aggravated battery on a LEO. Instead, the instruction must state the class of officers to which the victim belongs, such as deputy sheriff, probation officer, correction officer, etc. (See Wright v. State, 586 So. 2d 1024 (Fla. 1991).) 


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Penalties for Battery and Aggravated Battery on a LEO in Miami, FL

Battery on a Law Enforcement Officer is a third-degree felony in Florida (upgraded from the first-degree misdemeanor charge of battery on a non-officer). A third-degree felony is punishable upon conviction by up to five years in prison and a fine of up to $5,000, as well as the loss of certain civil rights that accompany a felony conviction, such as the right to vote or own a gun.

Aggravated Battery on a LEO is a first-degree felony (upgraded from the second-degree felony charge of aggravated battery on a non-officer). A first-degree felony is punishable by up to 30 years in prison and a fine of up to $10,000.

(See Florida Statutes, §§ 775.082 and 775.083.)

If you are not a United States citizen, a conviction for Battery on a Law Enforcement Officer or Aggravated Battery on a Law Enforcement Officer will result in deportation from the U.S. if it is determined to be an aggravated felony under immigration law.


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Possible Legal Defenses for Battery or Aggravated Battery on a LEO

In an altercation between a citizen and a law enforcement officer, the officer will sometimes use excessive force, or otherwise act inappropriately or engage in conduct that is illegal. The officer may then try to claim that the defendant was the aggressor. Several possible legal defenses may apply when a person is charged with Battery or Aggravated Battery on a Law Enforcement Officer, including:


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Additional Resources

Florida Statutes, Title XLVI, Chapter 784, § 784.07(2) — Battery and Aggravated Battery on a Law Enforcement Officer — Read the language of the Florida law related to battery on a law enforcement officer and aggravated battery on a law enforcement officer.

Florida Supreme Court Standard Jury Instructions for Criminal Cases 8.11 (Battery on a Law Enforcement Officer) and 8.13 (Aggravated Battery on a Law Enforcement Officer) — Find the exact jury instructions that are given to juries in cases of battery on a law enforcement officer and aggravated battery on a law enforcement officer in Florida.


Find an Attorney for Charges of Battery or Aggravated Battery on a LEO in Miami, FL

If you were charged with Battery on a Law Enforcement Officer or Aggravated Battery on a Law Enforcement Officer in Miami, Florida or Miami-Dade County, FL, then you should contact an experienced criminal defense attorney about your case.

At Hubbs Law, we defend people charged with battery, aggravated battery, or similar violent crimes allegedly committed against a law enforcement officer anywhere in Miami-Dade County. Hubbs Law represents clients in Miami, Miami Beach, Coral Gables, Hialeah, Miami Gardens, North Miami, South Miami, Kendall, Homestead, Palmetto Bay and other communities in Miami-Dade County.

Hubbs Law will fight for your rights by mounting an aggressive defense and pursuing a reduction or outright dismissal of the charges you face, if possible. Call Hubbs Law today at (305) 615-5945 to schedule a free initial appointment to discuss your case.

This page was last updated on Friday, February 12, 2016.

 

 

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