Man Charged with Battery & Resisting Arrest without Violence


The police were called to a local bar after a disorderly customer refused to leave the location. The officer on the scene observed a shirtless suspect screaming profanities and kicking a glass entry door. The volatile defendant yelled at the police that he would not leave without his glasses that were left inside the bar. A back-up officer volunteered to get the suspect’s glasses, but the defendant then had to immediately vacate the property. The defendant protested by grabbing the officer by his shirt. The officer grabbed the suspect’s wrist and the defendant turned to run. The officer threw the defendant onto the ground and cuffed him. The defendant was arrested on charges of Battery and Resisting Arrest without Violence.

Battery on a Police Officer

Battery on a police officer in Florida is defined as any unlawful touching of a law enforcement officer in an intended manner. This is a third-degree felony that can result in up to five years in prison, five years probation, or a $5,000 fine. There are many other consequences that go with battery on a police officer, such as a future job prospect turning you down or your reputation being harmed.

A law enforcement officer can include any of the following:

  • Police officers
  • Correctional officers
  • Auxiliary law enforcement
  • Auxiliary correction officers
  • Federal law enforcement officers
  • Parking enforcement officers
  • Part-time police officers
  • Traffic enforcement officers
  • Probation officers
  • Employees who provide services to inmates

Under this section, firefighters, emergency medical care providers, community college security personnel, and public transit employees(bus drivers, train operators, etc) are also included in this.

Defenses For Battery of a Police Officer

There are a number of defenses that can be used for a defendant charged with battery of a police officer. These include:

  • Incidental touching- The defendant uses actions to prevent self-harm or not intended to make contact with another person.
  • Excessive force- When a police officer uses excessive force, anyone has the right to use self-defense.
  • Reflexive Actions- Actions that are involuntary which are a result of reflex of pain.

Obtaining Lawyer Representation

If you or a loved one has been arrested for battery of a police officer, legal representation will be needed. Our lawyers at Musca Law Firm offer a free consultation, and emergency services are available 24 hours per day. Our lawyers have a lot of experience with criminal cases. We will thoroughly review your case, and consult with our team of lawyers to come up with the best defense for you. We have helped hundreds of clients have their charges reduced or completely dropped.


RESULT: Battery on a police officer is not a crime that the Court takes lightly. The Defense entered into intense negotiations with the Prosecution over the details of the case. The Defense Attorney convinced the Prosecution not to pursue the Resisting Arrest without Violence charge and the Court found NO FORMAL FINDING OF GUILT on the Battery charge!