Assault on Law Enforcement Officer in Florida
Criminal Defense Lawyers and Attorneys in Tampa, Sarasota, St. Petersburg and SW Florida
According to Florida Statute 784.07, assault on a law enforcement officer is a misdemeanor of the first degree, punishable up to 1 year in the county jail, up to a $500 fine, and/or up to 12 months of probation. Each county has their own probation department. Some counties provide these services to the courts; others contract out with pride probation or Salvation Army correctional services.
Unlike battery cases, assault cases are easier from the prosecutor perspective to prove because the victim is a law enforcement officer. However, it is important you have an attorney that would be able to determine if the prosecutor can prove this offense against you as there are a lot of legal technicalities that must be met in order to successfully prove this charge. The jury instruction for assault on a law enforcement officer requires that in order to prove the crime of assault on a law enforcement officer, the State must prove that the individual unlawfully threaten by word or act to do violence to a law enforcement officer with the ability to follow through with such threat coupled with an overt act that creates a well founded fear in the law enforcement officer that violence is imminent.
If you have been charged with assault on a police officer anywhere in the state of Florida, call our office today to speak with one of our criminal defense attorneys during a free consultation about how we can help defend your law enforcement assault case.