Battery on a Law Enforcement Officer (LEO)

Sam Masters Legal Stands Ready to Provide the Assistance You Need to Plan Your Defense

Sam N. Masters, the founder of Sam Masters Legal and a Volusia County Assault or Battery on a Law Enforcement Office Attorney, is experienced in dealing with Florida’s Statute §784.07 concerning Battery on a LEO or Law Enforcement Officer. His more than 35 years of trial experience makes Sam N. Masters the ideal attorney to help you.

Common Circumstances Involving Battery on a Law Enforcement Officer

When a police officer uses force of any kind including drawing his weapon, using a Taser, using pepper spray or throwing the suspect to the ground he or she has to fill out a "use of force" form. The officer in question has to include reasons why he or she took such actions. Whether true or not, allegations that the suspect either threatened or used bodily force during the arrest process are quite possible. These allegations can lead to very grave criminal charges.

By Florida law, it is a felony to intentionally touch or strike a police officer against his will. Police officers are not the only officials included under this prohibition. And the list continues to grow.

Officials Covered under §784.07, Florida Statue include a/an

  • Law Enforcement Officers
  • Law Enforcement Explorers
  • Firefighters
  • Emergency Medical Care Providers
  • Traffic Accident Investigation Officers
  • Traffic Infraction Enforcement Officers
  • Parking Enforcement Specialists
  • Licensed Security Officers in Uniform
  • Security Officer Employed by The Board of Trustees of a Community College
  • Federal Law Enforcement Officer
  • Battery on a Law Enforcement Officer Which Includes:
    • law enforcement officers
    • correctional officers
    • correctional probation officers
    • part-time law enforcement officers
    • part-time correctional officers
    • auxiliary law enforcement officers
    • and an auxiliary correctional officer
    • any county probation officers
    • employees or agents of the Department of Corrections who supervises or provides services to inmates
    • officers of the Florida Commission on Offender Review
    • federal law enforcement officers
    • law enforcement personnel of the Fish and Wildlife Conservation Commission or the Department of Law Enforcement

Battery on an Emergency Medical Care Provider includes:

  • ambulance drivers
  • emergency medical technicians
  • paramedics
  • registered nurses, as well as most physicians and medical directors
  • Battery on public transit employees or agents include bus operators, train operators, revenue collectors, security personnel, equipment maintenance personnel and many field supervisors.

In Order to Prove the Crime of Battery on Any of the Above, The State Must Prove the Following for Elements Beyond a Reasonable Doubt:

  • The defendant intentionally touched or struck the victim against his or her will causing bodily harm to the victim.
  • The victim was a bona fide member of one of the groups listed in the preceding paragraph.
  • The defendant knew the victim was such a member.
  • The victim was engaged in the lawful performance of his or her duties when the battery was committed.

An injury to the police officer is not required. A simple touching, if intentional may be sufficient. An act as minor as poking your finger into the chest of an officer or throwing a drink that lands on an officer’s uniform can be enough for you to be charged with Battery on a Law Enforcement Officer. Punishment for Battery on a LEO ranges from probation to up 5 years imprisonment and fines up to $1000 or $5000 in fines. Aggravated Battery on a LEO is punishable from up to 15 years to 30 years imprisonment based on circumstances. Fines of up to $10,000 could be levied.

Every case has its own unique set of facts. Eyewitness testimony and/or cell phone videos taken by bystanders can lead to a dismissal of charges. A thorough investigation by a knowledgeable and experienced attorney can make the difference in the outcome.

If you have been charged with a Battery on a LEO in Florida, call Sam N. Masters, a Daytona Beach Assault and Battery Attorney with more than 35 years of criminal law experience. Call (386) 252-4717 today for a free initial consultation. Serving cities in Volusia County & Flagler County.