Defining Battery on a Law Enforcement Officer
The unlawful touching of an officer is one of the most severely punished crimes in the United States. This action is charged as “battery on a LEO.” The difference between a battery charge on a LEO and a general battery charge is that the former requires an adjudication upon conviction, even when it is your first felony charge.
What is Battery?
Battery is a crime that involves the unwanted touching or use of force towards another individual. Assault can be combined with battery. Sometimes it is even mistaken for battery. However, the two are different. With battery, an individual would need to physically harm an alleged victim, meaning that bodily contact needs to have happened. Whereas, assault charges only require a threat or attempt to harm another individual, whether or not contact occurred.
Who is considered a Law Enforcement Officer?
When one thinks of a “law enforcement officer,” they typically think of a police officer or a sheriff’s deputy. However, the term in the case of battery on a LEO can apply to more than just full-time or part-time local and state police.
Correctional officers, traffic or parking enforcement, auxiliary law enforcement, probation officers, members of a federal agency and even officers of the Fishing and Wildlife Conservation Commission are all considered law enforcement officers under this statute. Special protection also cover some public officials and public servants like firefighters, public transportation employees and EMS providers.
Requirements to Prove Battery on a LEO
The statute requires certain elements to be proven to convict for the crime of battery on an officer. As defined in Section 784.07, Florida Statutes, a conviction occurs only when the defendant intentionally touches or strikes a LEO against their will or causes bodily harm. The defendant must also know that the alleged victim is a LEO at the time of the incident. The final requirement is that the law enforcement officer must be “engaged in the lawful performance of his or her duties” during the offense.
Consequences and Defenses of a Battery on a LEO Conviction
Battery on a LEO is a third-degree felony and punishable by up to five years in prison; a conviction can also lead to five years of probation and a $5,000 fine. This crime is one of the most harshly prosecuted offenses, even for first-time offenders. If you are charged with battery on a LEO, it is essential to seek the assistance of an attorney. An established criminal defense attorney will be able to help gather evidence of the alleged battery on a LEO.
There are a few defenses to this charge that may be used by a criminal defense lawyer to contest the charge. Self-defense, private sector employment and incidental touching are all common. Additionally, if the defense can prove that the officer was not engaged in the pursuit of his or her lawful duty, or that the officer was using excessive force, the charge may be dropped. Similarly, criminal defense attorneys can attempt to prove that one of the three required aspects of the charge was not upheld, such as a lack of knowledge of the alleged victim’s status as a law enforcement officer.
If the defendant’s conduct is considered aggravated battery, the offense upgrades to a first-degree felony.
First-Time Felony Offenders and Battery on a LEO
In Florida, first-time felony offenders often have an opportunity to have adjudication of guilt withheld. This opportunity allows the defendant to keep all of their civil rights after they complete the other conditions of their sentence. In some cases, it may allow for the case to be sealed from public record.
However, since the charge of battery on a LEO requires adjudication, this results in the loss of your civil rights, including the ability to own or possess a firearm. It will also likely have an adverse effect on your ability to obtain employment and housing. In addition, if you are convicted of aggravated battery on a LEO, you must be sentenced to a minimum of 5 years in prison and can be sentenced up to 30 years.
An example of aggravated battery would be driving a car and “intentionally” touching an officer with your vehicle, even if you don’t injure the officer. Just driving towards an officer, which could be considered aggravated assault, requires a 3-year mandatory minimum sentence in prison if you are convicted or plead guilty.
Can Battery on a LEO be Stacked with Other Charges?
In short, yes. Sometimes multiple charges are applied for one incident. This occurrence is known as charge stacking.
In the case of charge stacking, a criminal defense attorney and the defendant would need to combat multiple charges, all with differing qualifications for conviction.
Contacting an Attorney
Battery on a law enforcement officer is a harshly prosecuted offense. For this reason, a criminal defense attorney in Florida is highly recommended to help identify the appropriate defenses. If you have been involved in a battery on a law enforcement officer, or are facing direct charges for this offense, the attorneys at Avera & Smith are here for you. As experienced lawyers in Gainesville, FL, we work to ensure your rights are upheld in court. Contact us today for a free consultation.