Authorities were called to a local hotel over the presence of an intoxicated and out of control patron. Officers escorted the suspect back to his room to sober up. The police attempted to calm the Defendant in his hotel room when he swung on the officer hitting him in the chest. Officers arrested the Defendant on charges of battery on a law enforcement officer and disorderly intoxication.
Battery on a Law Enforcement Officer
Battery on a law enforcement officer is defined as any unlawful touching of the officer. Law enforcement officers include any of the following, per the Florida Statutes, Section 784.07:
- Ordinary police
- Correctional officers
- Law enforcement explorers
- Traffic enforcement officers
- Parking enforcement officers
- Part-time police and correctional officers
- Auxiliary law enforcement
- Auxiliary correctional officers
- Probation officers
- Employees of the Department of Corrections who supervise or provide services to inmates
- Federal law enforcement officers
- Officers of the Fishing and Wildlife Conservation Commission
Under this same section, various others are protected by this statute. These include some of the following:
- Traffic infraction enforcement officers
- EMT personnel
- Law enforcement explorer
- Parks Enforcement Specialist
- Public Transit Employee
- Public transit employees
Penalties for battery on a law enforcement officer will include up to five years in prison or five years of probation along with a fine of $5,000. A third-degree charge will be classified as a felony.
Disorderly intoxication can be defined as a person who is intoxicated who poses a threat to the safety of the public. In fact, the Florida Statutes and Section 856.001 states:
“No person in the State [of Florida] shall be intoxicated and endanger the safety of another person or property, and no person in the State shall be intoxicated or drink any alcoholic beverage in a public place or in any public conveyance and cause a public disturbance.”
A charge of disorderly intoxication will be classified as a second-degree misdemeanor. Penalties are a $500 fine and up to 60 days in jail. Should the defendant be convicted of this crime, it will remain on their permanent record, as it can never be expunged.
Musca Law Firm
At Musca Law Firm, our goal is to see you through the tough times you are going through. We care about your future and have an aim to find a solution that is favorable for you.
All of our attorneys have strong negotiation skills. They will fight for you and stand beside you through the entire case.
Call us 24 hours a day, 7 days a week to schedule your free initial case consultation.
RESULT: The Musca Law Defense Attorney entered into negotiations with the State and the officer/victim would not agree to a reduction of the charges. The Defense moved forward with preparing for trial and brought the client’s good record to light. The Defense succeeded with obtaining NO CONVICTION on the battery charges and convinced the Court to DISMISS the disorderly intoxication charge!