Officers initiated a stop on a vehicle for traffic infractions. The police witnessed the defendant attempt to remove a small bag from her purse and conceal it in her pocket. The officer inquired as to the bulge in the defendant’s pocket when he instructed her to exit the vehicle. The suspect removed the bag from her pants, dumped pills onto the street, and quickly smashed the evidence. A struggle ensued, and an officer was struck in the face with enough force to break his sunglasses. The police arrested the defendant and charged her with battery on a law enforcement officer, possession of Oxymorphone, possession of Alprazolam, and resisting arrest without violence. On the ride to the police station, the defendant attempted to eat a leafy green substance in the back of the patrol car. The officers added a possession of marijuana charge against the defendant.
Battery on a Law Enforcement Officer
Battery on a law enforcement officer is a felony in the third degree. If convicted of this crime, one can be sentenced to up to 5 years in prison or a 5 year probation period, as well as incurring a fine of $5,000. Even first-time offenders will be prosecuted, as this is treated as a serious crime in the state of Florida.
Law enforcement officers are defined as:
- Ordinary police;
- Correctional officers;
- Employees of the Department of Corrections who supervise or provide services to inmates;
- Parking enforcement officers;
- Part-time police and correctional officers;
- Law enforcement explorers;
- Traffic enforcement officers;
- Auxiliary law enforcement;
- Auxiliary correctional officers;
- Probation officers;
- Federal law enforcement officers;
- Officers of the Fish and Wildlife Conservation Commission.
Other officials that are protected under this statute include:
- Emergency Medical Care Providers;
- Public Transit Employees (such as bus drivers, revenue collectors, maintenance personnel, train operators, and supervisors connected with transit authorities);
- Community College Security personnel.
Obtaining Legal Representation
If you have been arrested and charged with battery on a law enforcement officer, it is in your best interest to contact legal representation as soon as possible. Musca Law Firm can represent you with this criminal charge. We have a team of experienced lawyers that can provide your case with a strong and strategic defense. We will review your case and take the time to listen to your side of the story. We are ready to negotiate in your best interest with the prosecution, in order to reduce or dismiss the charges you face. We serve all of Florida and provide a free initial case consultation. Call us today at (888) 484-5057 to schedule an appointment with one of our experienced criminal defense attorneys.
RESULT: The defense called both officers to testify as to the events that took place. They had conflicting stories and the attorney convinced the State to drop the battery on a law enforcement officer. The attorney also convinced the State that no tests were performed to determine if the substance was marijuana, and the possession of marijuana charge was dropped. The court ruled no formal finding of guilt on the resisting arrest and other possession charges, resulting in NO CONVICTION!