Battery On Law Enforcement in Fort Walton Beach
If you just got out of jail after being arrested in Fort Walton Beach for Battery on Law Enforcement, you don’t need me to tell you that you’re in a lot of trouble. You are probably scared about whether you are going to jail or whether you’re going to be stuck with a felony on your record.
If you hit a police officer, you will likely be charged with Battery on a Law Enforcement Officer. This charge is a third degree felony with a maximum sentence of 5 years in prison and a $5000.00 fine.
Battery On Law Enforcement under Florida law
According to Florida Statute 784.07, a person is guilty of Battery on Law Enforcement if it is proven that the person hit or touched the victim against their will, the victim was a law enforcement officer, firefighter, EMT, or other protected public safety official, the suspect knew or should have known that the victim was such an official, and when the battery was committed, the victim was working in their official capacity.
The prosecutors in Fort Walton Beach are tough on these cases. They need the support of the law enforcement community to be able to prosecute their cases, so an effective negotiation strategy along with a plan to defend the case is critical.
Defending you every step of the way
Now is definitely not the time to just roll over and plead guilty. It is the time to dig in and fight for the best result possible. How will we do that?
At Flaherty Defense Firm, if you have been charged with Battery on Law Enforcement in Fort Walton Beach, the first thing I will advise you to do is to come see me with a copy of your arrest report. If you haven’t had your first court date yet, there is a chance I can get with the prosecutor before he or she files formal charges against you, which normally happens on or right before your arraignment.
One issue we will be looking at is whether the State will be able to prove that you knew that the victim was a police officer or public safety official. We will determine whether the officer was in uniform, whether she was in a marked patrol car, or whether she identified herself clearly as a police officer. If we can raise reasonable doubt about whether you knew the person was a police officer, our chances of winning the case go way up.
I will also set a deposition of the officer who is claiming to be the victim. This deposition will be under oath and transcribed by a court reporter. At that deposition, the prosecutor will be there as I question the officer about what happened, what he did, what he was wearing, whether he was clear in identifying himself as a police officer, etc. I will also ask her at some point whether she would agree to allow my client to accept a lesser charge, usually a misdemeanor. Most of the time, if the police officer will agree, so will the prosecutor. It doesn’t mean that you will have to accept the reduced charge, but it does give us options.
Your Fort Walton Beach Battery on Law Enforcement Attorney
Felony cases such as Battery on Law Enforcement are serious and they require skill and experience. At this stage, no one knows what the eventual outcome is going to be. Don’t trust any attorney who makes empty promises or guarantees. Attorneys like that care more about taking your money than they do about doing what is right for their clients.
You deserve an attorney will be honest with you and who will always act in your best interest. I’ve been defending clients right here in Fort Walton Beach for over 16 years. I have the experience and creativity to execute defense strategies that get results for my clients.