Battery on a Law Enforcement Officer (BATT LEO) is a third degree felony punishable by up to five years in Florida State Prison.
To obtain a conviction for battery of a law enforcement officer, the state must prove:
- That the accused had the specific intent to knowingly batter a law enforcement officer; and;
- That the law enforcement officer was engaged in the lawful execution of a legal duty.
Battery on a law enforcement officer is an extremely common felony charge that police officers often use to demonstrate their authority and/or gain control over a situation. Many people arrested for battery on a law enforcement officer feel that they have done nothing wrong and have difficulty understanding why they were arrested, let alone charged with assaulting an officer. In fact, the person arrested is usually the one who suffers physical injury at the hands of the officers. Physical altercation with a law enforcement officer are rarely one sided. In many of these cases, the defendant is beaten to the point where they need serious medical attention. The worst part of it all is that they are then charged with the felony of Battery on a Law Enforcement Officer or Resisting Arrest with Violence. In situations like these, it is important to document all injuries with pictures and medical records. Having an experienced criminal defense attorney can mean the difference between prison and freedom.