Cape Coral, FL (March 6, 2020) – According to a recent online news report provided by WinkNews.com, the Cape Coral Police Department stated that officers had arrested a 27-year-old man for auto burglary. The news report states the man was arrested for allegedly stealing keys from Planet Fitness members and then using those keys to enter members´ automobiles to steal valuables.
The news report also states that the Cape Coral Police Department had reports of motor vehicles being burglarized at that Planet Fitness last month. However, there were no signs of forced entry into the cars, such as broken glass. After the Cape Coral Police Department reviewed video camera recordings, the police noticed a white male stealing other members´ keys from an auto keyring board inside the gym.
On March 4, 2020, a Planet Fitness employee recognized the man as a potential suspect in the auto burglary video and contacted the Cape Coral Police Department. The suspect was apprehended and later identified as the person in the video who took the members´ keys.
As law enforcement attempted to approach the man and detain him, the suspect resisted arrest and kicked a police officer in the head. A security guard at the gym assisted law enforcement in detaining the man until he was finally arrested and taken into custody at the Cape Coral Police Department.
The suspect has been charged with Resisting Arrest and Battery on a Law Enforcement Officer, two counts of Burglary to a Conveyance, and two counts of Petit Theft.
Resisting Arrest and Battery on a Law Enforcement Officer in Florida
According to Florida Statute 784.07(2)(b), the legal definition of ¨Battery on a Law Enforcement¨ is to strike or touch any law enforcement officer who is engaging in his or her lawful execution of their legal duty. It is also illegal in the state of Florida, for an individual to resist arrest by a “known” police or law enforcement officer.
The state of Florida aggressively prosecutes individuals who physically obstruct police and other law enforcement officers from carrying out their legal responsibilities. Florida´s criminal statutes impose especially severe penalties on persons who use violence against law enforcement officers who are carrying out their appointed duties.
The Penalties and Punishments for Battery on a Law Enforcement Officer
In the state of Florida, Battery on a Law Enforcement Officer criminal charges are a Third-Degree Felony. If an individual is convicted of Battery on a Law Enforcement Officer, the defendant could receive up to five (5) years in prison, a $5,000 fine, and five (5) years of probation.
Legal Defenses to Battery on a Law Enforcement Officer
The crime of Battery on a Law Enforcement Officer is a very serious crime that carries severe punishments. As experienced criminal defense attorneys, our firm can review the facts of the case and determine the best avenues in which to defend our clients from all types of criminal charges. Numerous defenses may be applicable in a criminal case. In cases involving Battery on a Law Enforcement Officer, dozens of defenses could be categorized into three primary categories: Self Defense, the “On the Job” Status of Officer, and Actual and Known Law Enforcement Officer.