MIAMI, FL – April 27, 2020 – According to an online news report published on NBC-2.com, a 30-year-old man was arrested at Port Miami after the man breached a security checkpoint. The arrest report states that the 30-year-old man attempted to elude security officers and enter the cargo section of the Port of Miami.
The suspect continued to elude law enforcement officers and the officers used a taser in order to place the suspect under arrest. The officers used the taser on the suspect because the man ignored orders to not enter into the cargo area of the port. The news report states that officers ordered the suspect to get on to the ground or he would be tasered. The report states that the man told police to “F--- off.” The suspect then continued to move toward the “off limits” area of the port. The suspect was placed under arrest after he was tasered.
The suspect has been charged with misdemeanor trespassing battery against a police officer. The battery on an officer charge is a felony. The suspect was booked and received a $2,600 bail bond.
Resisting Arrest and Battery on a Law Enforcement Officer in the State of Florida
Under Florida Statute 784.07(2)(b), the state of Florida defines "Battery on a Law Enforcement" as striking or touching a law enforcement officer who is engaged in his or her lawful performance of his or her legal duty. It is also a crime in the state of Florida, for a person to resist being arrested by a "known" law enforcement officer.
The state of Florida is aggressive when prosecuting people who obstruct police or other law enforcement officers who are carrying on with their legal duties. Florida's criminal law statutes impose particularly harsh punishments on individuals who use force or violence against a law enforcement officer who is carrying out their duties.
Battery on a Law Enforcement Officer Penalties and Punishments in Florida
In Florida, Battery on a Law Enforcement Officer criminal offenses are a felony of the Third-Degree. If a defendant is convicted of Battery on a Law Enforcement Officer in the state of Florida, the defendant may receive up to five (5) years in prison, be ordered to pay a $5,000 fine, and receive five (5) years of probation.
Legal Defenses to Battery on a Law Enforcement Officer in Florida
Battery on a Law Enforcement Officer is a very significant crime that will receive severe punishments if the defendant is found guilty. Our experienced criminal defense lawyers, at our law firm, can evaluate the facts and circumstances of your case. We legal professionals can help you determine the best tactic to employ in order to defend you from all types of Florida criminal charges. Numerous criminal defenses could be appropriate in your criminal case. In a Battery on a Law Enforcement Officer criminal case, legal defenses are typically categorized into three categories: the “On the Job” Status of Officer Defense, Acting in Self Defense, and the Actual and Known Police Officer Defense.