Battery on a Law Enforcement Officer
Battery can be defined as any unwarranted contact with another individual. Not “injuring another individual” or “violently attacking another individual”, but ANY unwanted contact. This can mean a slap, a tap or even just spilling a drink on someone. If a victim feels disturbed or intimidated by any unconsented physical contact, then there is a chance the person who initiated contact could be charged with battery. On its own, a battery charge would typically be a first-degree misdemeanor, but a battery on a law enforcement officer is at minimum a third-degree felony. If a battery is committed using a deadly weapon the charge may be escalated all the way up to a first-degree felony.
When we talk about battery on a law enforcement officer, police officers are not the only victims that, if battered, could leave you stuck dealing with this serious charge. Firefighters, emergency medical care providers and other persons listed in Florida Statue 784.07 (1)-(2) are protected. Because these charges can have such a monumental impact on your life if you are charged, it is imperative to work with a seasoned attorney who has proven time and time again to always keep his clients’ well-being at the center of his craft. Attorney Rahul Parikh has the knowledge, experience and dedication it takes to fight for the best outcome possible. If you’ve been charged with battery on a law enforcement officer you need a strong, caring, and dedicated criminal defense team. When you come to Parikh Law, you are not just a client, you are part of our family.
Victims of Battery on a Law Enforcement Officer
As you may already know, the statute protecting law enforcement officers from battery on a law enforcement officer includes several other individuals besides police officers. This can make it very confusing if you find yourself charged with this crime, yet the alleged victim you are being accused of battering was not a police officer at all. An extensive list of these individuals may be found in Florida Statue 784.07 (1)-(2). Since not everyone has the time to read through this statute, some of these individuals can be found below:
- Ambulance drivers
- Blood alcohol analysts
- Breath test officers
- Corrections officers
- Probation officers
- Emergency medical technicians
- Medical directors
- Law enforcement explorers
- Security officers
- Fish and Wildlife Conservation Commission law enforcement officers
- Traffic investigation officers
- Parking enforcement
- Bus operators
- Traffic enforcement officers
- Revenue collectors
- Train operators
If you have been charged with battery on a law enforcement officer, you should be aware that prosecutors do not take these cases lightly. If the State of Florida does not take it lightly, you should not treat the situation lightly either. Afterall, a criminal charge will affect your future if not handled by an experienced, aggressive criminal defense attorney. Prosecutors in Florida vigorously seek out the strictest penalties for anyone who is charged with battery on a law enforcement officer. Because of this, these are some of the most challenging cases to beat. Making sure you have a strong legal ally in your corner ups the odds of securing a favorable plea deal or even a full dismissal of your case. If you are convicted of a felony in Florida, it will affect almost every area of your life.
If you have been charged with Battery on a Law Enforcement Officer, do not think that you are automatically guilty. There are certain things that the State is required to prove in order for you to be formally convicted of this particular crime:
- You deliberately injured or touched the victim, without their consent
- You either used a deadly weapon OR you purposely caused the victim irreversible disfigurement, grave physical injury or indefinite injury
- The victim was an individual protected by Florida Statue 784.07 (1)-(2)
- The victim was on duty at the time of the incident
- You were aware that the victim belonged to one of the groups listed in Florida Statue 784.07 (1)-(2)
Battery on a Law Enforcement Officer Penalties in Florida
- Third-Degree Felony: If no deadly weapon was used, you can expect to face fines up to $5,000. If charged you could face up to 5 years in prison, followed by probation.
- First-Degree Felony: When a deadly weapon is used, the charge becomes Aggravated Battery on a Law Enforcement officer, which is classified as a first-degree felony. If this is the case, you can expect a minimum of 5 years in prison and a maximum of 30 years, although a skilled Orlando criminal defense lawyer may be able to either get the charge reduced, get the charge dropped, or get you a downward departure away from the minimum mandatory sentence.
Having a felony on your record can truly place potentially unmovable roadblocks in your way. Of course, there are the obvious consequences, such as, time spent incarcerated and money spent on fines and fees. But, after those have come to pass, there are other troubles that can make life vastly more complicated. A felony conviction on your record could make it difficult to:
- Rent a house or apartment
- Acquire business licenses
- Receive student loans
- Gain employment
- Own firearms
Why You Need a Lawyer
With the severity of these charges and the long-lasting aftermath of a conviction, it is essential to have an attorney on your side to make sure you are getting the best end result. Without competent counsel, you are putting your entire future at stake. On a great number of occasions, arresting officers fail to follow procedures and inaccurate evidence is presented. In these kinds of situations, having a lawyer who is able to identify these discrepancies can have a significant effect on how the case moves forward. Not to mention, being represented by an accomplished lawyer means there is a greater possibility of having charges reduced or dismissed altogether. Having an attorney who is a former prosecutor means that they may have a good relationship with the prosecutors on your case. This is a huge advantage, as it means your lawyer will have more power to negotiate than they would not have otherwise. At the end of the day, nothing substitutes for your attorney’s knowledge of the system and actors, preparation, experience, and skill. If you or a loved one are facing a serious felony charge, call us or text us now.
Why Choose Parikh Law
Attorney Rahul Parikh is a former Orange and Osceola County, Florida prosecutor. His time at the Office of the State Attorney sets him apart, in that he has the ability to analyze cases from the standpoint of both defense and prosecution. He also continues to build on his knowledge and training to best serve his clients. Both his experience, training and drive to help others are evidenced in his understanding of all different aspects of criminal cases. At Parikh law, we continue to fight to help you win your case. Unlike some law firms, who seem to simply take money and disappear until the next court date, we dedicate ourselves to helping our clients with diligence, dedication and (most importantly) care. Our firm remains wholeheartedly invested in our clients, from the initial consult, to the end of the case. Our clients never have to wonder what is happening in their case and are not stuck waiting for a call or email for days on end. Since each client and each case are different, we strive to personalize your experience with our firm by truly listening and always keeping an open line of communication. If you have been charged with battery on a law enforcement officer, please contact us to discuss your case today.