Okaloosa County Battery on Law Enforcement Attorney
If you or a family member have been arrested for Battery on Law Enforcement in Okaloosa County, you are facing a very serious felony charge that could send you to prison and/or label you a convicted felon for the rest of your life. Prosecutors need the police to make their cases, so when a police officer is considered the victim of a crime, they all band together to make an example out of the person accused.
My name is Tim Flaherty. Since 2001, my only area of practice has been criminal defense right here in Okaloosa County. I have the experience necessary to fight this charge. A properly executed defense strategy can mean the difference between a prison sentence and a dismissal or reduced charge. Call me any time, day or night, at (850) 243-6097.
Florida Law: Battery on a Law Enforcement Officer
Florida Statute 784.07 defines Battery on a Law Enforcement Officer which states:
- The defendant intentionally touches or strikes a law enforcement officer against his or her will or causes bodily harm;
- The defendant knows that the alleged victim was a law enforcement officer; and
- The law enforcement officer was engaged in the lawful performance of his or her duties when the defendant committed the battery.
Battery on a Law Enforcement Officer is a third degree felony and punishable by up to five years in the Florida Department of Corrections. In addition to the possibility of jail time, if you are convicted of Aggravated Battery on a Law Enforcement Officer, a five year mandatory prison sentence applies.
What is the difference between simple battery and battery on a law enforcement officer?
The difference between a misdemeanor battery charge and battery on a law enforcement officer is the occupation of the alleged victim. Enhanced penalties apply for a battery against one of the following persons:
- Law Enforcement Officer
- Emergency Medical Care Provider
- Railroad Special Officer
- Traffic Accident Investigation Officer
- Traffic Infraction Enforcement Officer
- Parking Enforcement Specialists
- Security Officer Employed By The Board Of Trustees Of A Community College
- Federal Law Enforcement Officer
Defending Battery on a Law Enforcement Officer in Okaloosa County
There are four elements that the State must prove in order to convict you of Battery on a Law Enforcement Officer:
- Defendant intentionally touched or struck the victim against his or her will or caused bodily harm to the victim.
- The victim was a law enforcement officer (see above list).
- The defendant knew the victim was a law enforcement officer (see above list).
- The victim was engaged in the lawful performance of his or her duties when the battery was committed.
An experienced criminal defense attorney will look at these four elements as four different opportunities to keep a conviction off of your record and keep you out of jail. I will look at the details of your case and talk about the best tactics and strategy to get your Battery on a Law Enforcement charge resolved without a felony conviction. Call my office to discuss how I can do that for you.
Contact an Okaloosa County Battery on a Law Enforcement Officer Attorney
Call Flaherty Defense Firm today to get all the answers you need before going to your first court date. I am available 24/7 at (850) 243-6097. I am ready to take the stress off of your shoulders and defend you or your loved one.