Key Largo Battery on an Officer Attorney

Skilled Attorneys Defending Against Battery on Law Enforcement Charges in Key Largo, FL

Charges of assault or battery can be serious for people in Florida, regardless of the situation that led to allegations of violent crimes. In cases where a person has allegedly attacked or harmed a police officer, the penalties they may face are likely to be more severe than in a case involving an alleged victim who is an ordinary citizen. A misdemeanor charge could be increased to a felony, or a person could be charged with a higher degree of felony, leading to a much longer prison sentence following a conviction.

The lawyers at Keys Criminal Defense, PLLC can help clients understand how to respond to claims that they have taken illegal actions against a police or law enforcement officer. Whether a case involves allegations of contact, threats, or injuries, we will fight to protect our clients' rights and make sure they will be able to defend against these charges successfully.

Situations Involving Battery on Law Enforcement Charges

Interactions with police officers or other members of law enforcement may involve high levels of stress, confusion about a person's rights, or fear of an arrest or police brutality. A person may act out of instinct in response to an officer's aggressive or threatening behavior, and they could be accused of taking actions that were intentionally meant to cause harm or threaten an officer's safety.

In some cases, a person who is being arrested may be accused of committing battery against an officer if they pull away from an officer's grip, push an officer while attempting to avoid being handcuffed, or make any other forms of physical contact during the course of the arrest. A person may act without thinking during a pat-down or search, especially if they are startled or in pain, and they may accidentally push or strike an officer. Even if a person had no intention to cause harm, they could be accused of behaving in a way that showed an intent to make contact or inflict an injury.

People may also be accused of making verbal threats toward a police officer during a traffic stop or another encounter. An officer may claim that the person used threatening gestures or aggressive movements indicating that they were going to attack or try to cause harm. Charges of assault or battery may be based on claims that a person raised their fist, swung an object, or made other threatening motions, and a person could face serious penalties even if there was no actual contact.

When a person is experiencing a mental health crisis or a medical emergency, officers who respond to the situation may take steps to physically restrain them. When a person struggles against an officer, their actions could be taken as signs of aggressiveness or an intent to cause harm, which could lead to charges of assault or battery. Bystanders who become involved in a confrontation between police officers and another person may also face charges of battery on law enforcement.

Enhanced Penalties for Assault or Battery Offenses Against Law Enforcement

Under Florida Statute 784.07, assault and/or battery charges may be increased when an offense has allegedly been committed against a law enforcement officer. These reclassifications may include:

• Simple assault, which is usually charged as a second-degree misdemeanor, may be classified as a first-degree misdemeanor.
• Battery, which is usually a first-degree misdemeanor, may be reclassified as a third-degree felony.
• Aggravated assault, which is usually a third-degree felony, may be increased to a second-degree felony.
• Aggravated battery, which is usually a second-degree felony, may become a first-degree felony charge.

A person may face these enhanced penalties if an officer was performing their duties at the time of the alleged offense. A prosecutor will need to demonstrate that the person accused of assault and/or battery knew that the alleged victim was a member of law enforcement.

Helping Clients Defend Against Charges of Battery on Law Enforcement

Our attorneys will review the evidence involved in a case to determine the best strategies for defense for clients who have been charged with assault offenses involving police officers. In many cases, incidents may be captured by body cameras worn by police officers, as well as dash cameras in police cars. The police reports filed following these incidents will detail officers' accounts of what happened. Witness statements may also play a role in these cases. We can review all of this evidence, looking for inconsistencies in statements made by officers or demonstrating that the footage captured does not line up with officers' statements.

We can also look at whether an officer was lawfully performing their duties when an assault or battery offense allegedly occurred and whether a person knew that they were interacting with an officer. We can review what happened to see if an officer used excessive force or if a person was acting to defend themselves. By addressing the accusations made against a person, we can determine whether charges of assault or battery can be challenged.

Throughout the process, we will work to negotiate with prosecutors to resolve cases as favorably as possible. We may be able to prevent an increase in charges and minimize the penalties our clients may face, or we may take steps to have charges dismissed completely when there is not enough evidence to show that a person intentionally committed an offense. Our goal is to help our clients achieve the ideal outcomes in these cases while avoiding long-term penalties.

Contact Our Key Largo, FL Battery on a Law Enforcement Officer Lawyers

When a person has been accused of attacking, injuring, or acting aggressively toward a police officer, the penalties they may face are likely to be more serious than in other types of assault or battery cases. At Keys Criminal Defense, PLLC, our lawyers can review what happened in these cases, address the accusations against a person, and develop a successful defense strategy. Contact our Key Largo, Florida battery against a police officer defense attorneys at 305-324-7888 to set up a free consultation.