Assault or Battery of a Law Enforcement Officer

Sometimes during a criminal arrest, the accused, in response to the actions of the police, is to threaten and strike a law enforcement officer. Miami has one of the largest police forces in the country, which fosters a great deal of criminal arrests and filing of criminal charges. It is easy for police to become aggravated and virtually invite a suspect to resist Arrest With Violence. Logically, no person should ever threaten or strike a police officer. The lawyer that is presenting your criminal defense in court should have experience in cross-examining police officers. Thus, the criminal defense lawyer is the better challenger for the police officer. To prove the criminal violation of Assault on a Law Enforcement Office, Firefighter, Emergency Medical Care Provider, Traffic Accident Investigation Officer, Traffic Infraction Enforcement Officer, Parking Enforcement Specialist, or Security Officer employed by the Board of Trustees of a Community College, the State Attorney must prove beyond a reasonable doubt that the criminal suspect intentionally and unlawfully threatened, either by word or act, to do violence to the victim, that at the time, the criminal suspect appeared to have the ability to carry out the threat, that the act of the criminal suspect created in the mind of the victim a well founded fear that the violence was about to take place, that the victim was at the time a law enforcement officer, firefighter, emergency medical care provider, traffic accident investigation officer, traffic infraction enforcement officer, parking enforcement specialist, or security officer employed by the board of trustees of a community college, that the criminal suspect knew the victim was a law enforcement officer, firefighter, emergency medical care provider, traffic accident investigation officer, traffic infraction enforcement officer, parking enforcement specialist, or security officer employed by the board of trustees of a community college, and that at the time of the assault, the victim was engaged in the lawful performance of his or her duties. To prove the criminal violation of Battery on a Law Enforcement Officer, Firefighter, Emergency Medical Care Provider, Traffic Accident Investigation Officer, Traffic Infraction Enforcement Officer, Parking Enforcement Specialist, or Security Officer Employed by the Board of Trustees of a Community College, the State Attorney must prove beyond a reasonable doubt that the criminal suspect intentionally touched or struck the victim against his or her will, that the touch or strike caused bodily harm to the victim, that the victim was a law enforcement officer, firefighter, emergency medical care provider, traffic accident investigation officer, traffic infraction enforcement officer, parking enforcement specialist, or security officer employed by the board of trustees of a community college, that the criminal suspect knew the victim was a law enforcement officer, firefighter, emergency medical care provider, traffic accident investigation officer, traffic infraction enforcement officer, parking enforcement specialist, or security officer employed by the board of trustees of a community college, and that the victim was engaged in the lawful performance of his or her duties when the battery was committed.

If you have been charged with striking or attempting to strike a police officer in Miami, Fort Lauderdale, or any other part of Broward County or Miami Dade County, consider consulting a criminal defense lawyer that is familiar with the Miami and Fort Lauderdale areas. Kenneth P. Hassett of Hassett and Associates, P.A. has been in practice since 1991 and has been helping people to defend against such criminal charges in the Broward County and Miami Dade County areas. Call Hassett and Associates, P.A. of Miami and Fort Lauderdale for a free consultation 24 hours per day seven days per week with a criminal defense attorney regarding your rights.

784.07 Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.

Disclaimer

The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.

If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.