Assault or Battery on Law Enforcement Officer Charges
WILSON
LAW FIRM, P.L.
Attorney at Law
W
Free Initial Consultation
Call the Wilson Law Firm Today at: (407) 648-5255  
Available 24 Hours a Day 7 Days a Week
Wilson Law Firm, P.L.
232 Hillcrest Street, Orlando, FL 32801
Tel: (407) 648-5255
The Firm Accepts:
Orange County Criminal Defense Lawyer & Orlando DUI Attorney
Call Today: (407) 648-5255
Orlando Florida Criminal Lawyer - Assault or Battery on LEO:
Cases involving assaults or batteries on Law Enforcement Officers can result
in significant penalties and are taken very seriously by prosecutors.  If you have
been arrested for an assault or battery of a Law Enforcement Officer, you should
speak with an experienced criminal defense attorney at your earliest opportunity
to learn about your rights and the defenses that may be available to you.

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges.  Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation   

The following Florida Statures provide some information about criminal offenses involving an assault or battery on a
Law Enforcement Officers as well as other individuals in certain professions.

Florida Statute 784.07 - Assault or battery of law enforcement officers, firefighters, emergency medical
care providers, public transit employees or agents, or other specified officers; reclassification of offenses;
minimum sentences.
(1) As used in this section, the term:
(a) “Emergency medical care provider” means an ambulance driver, emergency medical technician, paramedic,
registered nurse, physician as defined in s. 401.23, medical director as defined in s. 401.23, or any person
authorized by an emergency medical service licensed under chapter 401 who is engaged in the performance of his
or her duties. The term “emergency medical care provider” also includes physicians, employees, agents, or
volunteers of hospitals as defined in chapter 395, who are employed, under contract, or otherwise authorized by a
hospital to perform duties directly associated with the care and treatment rendered by the hospital’s emergency
department or the security thereof.

(b) “Firefighter” means any person employed by any public employer of this state whose duty it is to extinguish fires;
to protect life or property; or to enforce municipal, county, and state fire prevention codes, as well as any law
pertaining to the prevention and control of fires.

(c) “Law enforcement explorer” means any person who is a current member of a law enforcement agency’s
explorer program and who is performing functions other than those required to be performed by sworn law
enforcement officers on behalf of a law enforcement agency while under the direct physical supervision of a sworn
officer of that agency and wearing a uniform that bears at least one patch that clearly identifies the law enforcement
agency that he or she represents.

(d) “Law enforcement officer” includes a law enforcement officer, a correctional officer, a correctional probation
officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an
auxiliary correctional officer, as those terms are respectively defined in s. 943.10, and any county probation officer; an
employee or agent of the Department of Corrections who supervises or provides services to inmates; an officer of the
Parole Commission; a federal law enforcement officer as defined in s. 901.1505; and law enforcement personnel of
the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, or the Department of
Law Enforcement.

(e) “Public transit employees or agents” means bus operators, train operators, revenue collectors, security
personnel, equipment maintenance personnel, or field supervisors, who are employees or agents of a transit agency
as described in s. 812.015(1)(l).

(2) Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement
officer, a firefighter, an emergency medical care provider, a traffic accident investigation officer as described in s.
316.640, a nonsworn law enforcement agency employee who is certified as an agency inspector, a blood alcohol
analyst, or a breath test operator while such employee is in uniform and engaged in processing, testing, evaluating,
analyzing, or transporting a person who is detained or under arrest for DUI, a law enforcement explorer, a traffic
infraction enforcement officer as described in s. 316.640, a parking enforcement specialist as defined in s. 316.640,
a person licensed as a security officer as defined in s. 493.6101 and wearing a uniform that bears at least one patch
or emblem that is visible at all times that clearly identifies the employing agency and that clearly identifies the person
as a licensed security officer, or a security officer employed by the board of trustees of a community college, while the
officer, firefighter, emergency medical care provider, traffic accident investigation officer, traffic infraction enforcement
officer, inspector, analyst, operator, law enforcement explorer, parking enforcement specialist, public transit
employee or agent, or security officer is engaged in the lawful performance of his or her duties, the offense for which
the person is charged shall be reclassified as follows:

(a) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

(b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

(c) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.
Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement
officer shall be sentenced to a minimum term of imprisonment of 3 years.

(d) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.
Notwithstanding any other provision of law, any person convicted of aggravated battery of a law enforcement officer
shall be sentenced to a minimum term of imprisonment of 5 years.

(3) Any person who is convicted of a battery under paragraph (2)(b) and, during the commission of the offense,
such person possessed:

(a) A “firearm” or “destructive device” as those terms are defined in s. 790.001, shall be sentenced to a minimum
term of imprisonment of 3 years.

(b) A semiautomatic firearm and its high-capacity detachable box magazine, as defined in s. 775.087(3), or a
machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 8 years.
Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or
withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early
release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving
the minimum sentence.

_________________________________________________

For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation.  The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Call Today: (407) 648-5255
Orange County Florida Criminal Lawyer & Orlando DUI Attorney -
Orange County Criminal Attorney & Apopka DUI Lawyer - The hiring of an attorney is an important decision which should not be based solely on advertisements.  
The information presented at this site is not legal advice, and does not create an attorney-client relationship.  This site is designed to provide only general
information.  The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation.  Contact the Wilson Law Firm to
speak with a Winter Park criminal defense lawyer and Seminole County Florida DUI attorney today.  The Wilson Law Firm, P.L. © 2010  
Florida Crimes & Laws