Battery on a Law Enforcement Officer in Florida
- J. Ruffin Hunt
- 3 days ago
- 2 min read
Being accused of battery on a law enforcement officer in Florida is far more serious than a standard battery charge. What might otherwise be a misdemeanor offense can quickly become a felony carrying significant prison exposure, steep fines, and long-term consequences.
In this video, Tampa criminal defense attorney Ruffin Hunt of Hunt Law explains the law surrounding Battery on a Law Enforcement Officer (LEO) and Aggravated Battery on a Law Enforcement Officer under Florida law.
What Is Battery Under Florida Law?
Under Section 784.03, Florida Statutes, battery occurs when a person:
Actually and intentionally touches or strikes another person against their will; or
Intentionally causes bodily harm to another person.
Simple battery is typically charged as a first-degree misdemeanor in Florida. However, the penalties become much more severe when the alleged victim is a law enforcement officer.
When Does Battery Become a Felony?
Under Section 784.07, Florida Statutes, a battery charge may be enhanced when a person is accused of knowingly committing a battery upon a law enforcement officer who is engaged in the lawful performance of his or her duties.
When this occurs, the offense is reclassified from a first-degree misdemeanor to a third-degree felony.
A conviction for battery on a law enforcement officer is punishable by:
Up to 5 years in Florida State Prison
A fine of up to $5,000
Importantly, the State must still prove that the officer was lawfully performing his or her legal duties at the time of the incident.
What Is Aggravated Battery?
Florida law defines aggravated battery as a battery where a person:
Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
Uses a deadly weapon
Ordinarily, aggravated battery is charged as a second-degree felony.
However, when the alleged victim is a law enforcement officer who is lawfully performing official duties, the charge is enhanced to a first-degree felony.
A conviction for aggravated battery on a law enforcement officer carries:
Up to 30 years in Florida State Prison
A fine of up to $10,000
A 5-year minimum mandatory prison sentence
Charged With Battery on a Law Enforcement Officer in Tampa?
If you have been charged with battery or aggravated battery on a law enforcement officer in Tampa or the surrounding Tampa Bay area, it is important to speak with an experienced criminal defense attorney as early as possible.
Hunt Law represents individuals charged with serious felony offenses throughout the Tampa Bay area.
Call Hunt Law at (813) 787-4849 today for a free case consultation.
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