Battery on a Law Enforcement Officer

Definitions of Battery & Aggravated Battery in Florida

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

• Actually and intentionally touches or strikes another person against the will of the other; or
• Intentionally causes bodily harm to another person

Section 784.045 of the Florida Statutes defines aggravated battery as:

• Battery; and either
• The battery was committed while using a deadly weapon; or
• The person who allegedly committed the battery intentionally or knowingly caused great bodily harm, permanent disability or permanent disfigurement

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."

Elements to Prove for a Conviction of Battery or Aggravated Battery on a Law Enforcement Officer

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:

• Defendant intentionally touched or struck victim against his or her will or intentionally caused bodily harm to the victim;
• Victim was a law enforcement officer under the definitions in F.S. 784.07;
• Defendant knew the victim was a law enforcement officer under the definitions in 784.07; and
• Victim was engaged in the lawful performance of his or her duties when the battery was committed

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:

• Defendant intentionally touched or struck victim against his or her will or intentionally caused bodily harm to the victim (the definition of battery);
• Defendant, in committing a battery:
  • Intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the victim; or
  • Used a deadly weapon;
• Victim was a law enforcement officer under the definitions in F.S. 784.07;
• Defendant knew the victim was a law enforcement officer under the definitions in 784.07; and
• Victim was engaged in the lawful performance of his or her duties when the battery was committed

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)).

Penalties for Battery & Aggravated Battery on a LEO in Florida

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.

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:

• Self-defense — Self-defense is a legitimate defense in non-arrest scenarios if the officer was not engaged in a legal duty. Self-defense is always a legitimate defense if the officer acts with excessive force. However, prosecutors (who are themselves law enforcement officers) are often unlikely to consider the defendant’s version of events.
• Officer not engaged in legal duty — To commit the crime of battery on a law enforcement officer, the officer must have been in the execution of a legal duty. Some examples of a legal duty would be detaining a suspect during a criminal investigation, searching a vehicle after developing probable cause, or searching a home pursuant to a search warrant. If the officer was wrong about whether he or she was in the execution of a legal duty during his or her investigation, the charges could result in a dismissal or acquittal.
• Lack of knowledge that a person was a law enforcement officer — The State must prove that a defendant had knowledge that the person was a law enforcement officer. Sometimes you are forced to react very quickly during confrontations where you need to defend yourself. It might be possible that you made physical contact with the officer before you had the chance to observe him or her or did not know he or she was a police officer because he or she was not in uniform. If you did not know that the person was a law enforcement officer, you could receive a dismissal or acquittal.

Let Hubbs Law Firm Fight for You

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, Florida, you should contact an experienced criminal defense attorney about your case.

At Hubbs Law Firm, 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 Firm 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 Firm 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 our Miami battery on a law enforcement officer attorneys today at (305) 570-4802 to schedule a free initial appointment to discuss your case.

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.